"Children do not lose their human rights by virtue of passing through the school gates."

United Nations Committee on the Rights of the Child

April 2001

"The right to freedom from discrimination in education is subject to neither progressive realization nor the availability of resources; it applies fully and immediately to all aspects of education and encompasses all internationally prohibited grounds of discrimination."

United Nations Convention Against Discrimination in Education

July 2001

William Hughes
Catherine Cannivet
Patty Portenier

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Collier Parents

Seeking ESE Reform


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An Open Letter to All Parents of ESE Children

in the Collier County Public School District

Dear Parents:

We are a group of concerned Collier County parent/advocates of Exceptional Student Education (ESE) children. We are seeking reform of the Collier County Public School District’s delivery of ESE Student services. In addition, we are demanding the School District and the Florida Department of Education respect our legal rights to due process under both I.D.E.A and Section 504 when we disagree with those service determinations.

We have filed two US Department of Education, Office for Civil Rights Class Discrimination Complaints. The first is against the School District. The second Complaint is against the Florida Department of Education (FDOE) and Department of Administrative Hearings (DOAH). These Class Discrimination Complaints provide a comprehensive summary of the various and interrelated issues under the following:

  • Individuals With Disabilities Education Act (IDEA)

  • Section 504 of The Rehabilitation Act of 1973

  • Americans With Disabilities Act (ADA)

We have filed these complaints as Class Discrimination Complaints on behalf of all impacted Collier County and Florida ESE Students, rather than as individual complaints. Though quite long, please review the complaints carefully. They provide significant insight into the challenges the District, FDOE, and DOAH face in defending the wide-spread discrimination allegations outlined within the complaints.

Specifically, please review the Section "Location and Identification" in the first Complaint against the School District. In this particular section we outline the District’s express obligations to continually identify, locate, and provide a Free and Appropriate Education (FAPE) to each and every ESE child within their jurisdiction.

The Office of Civil Rights' investigation of the District found in our favor.  The District violated the Federal civil rights of ESE students in denying them the right to both Effective Notice of Parents/Students Rights under Section 504, and denying them the right to  Due Process Hearings under ADA/Section 504.

Code of Federal Regulations Title 34, Subtitle B, Part 104 prohibits discrimination on the basis of handicap in programs or activities receiving Federal financial assistance.  Section 104.36 requires that a recipient that operates a public elementary or secondary education program shall establish and implement a system of procedural safeguards that includes an impartial hearing.

Despite entering into a Compliance Resolution Agreement with the OCR in September of 2008, Collier County Public School District brazenly continued to commit the very same violations of 34 C.F.R. 104.36. This resulted  in our filing another Class Discrimination Complaint to the OCR, with a specific request for the U.S. Department of Education to refer the matter to the Department of Justice.

We encourage you to complete our Contact Form for the benefit of your child's current and future ESE services (and legal rights) in establishing the "pattern of wide-spread discrimination" against ESE Students. You need only provide your contact information and check the box providing your consent to be contacted by the Office of Civil Rights. By sharing the educational, medical, and/or legal challenges you have previously faced with your District and/or the FDOE, you will assist the U.S. Department of Education / Office of Civil Rights investigators in establishing this pattern of discrimination.

We have taken this action as a means of forcing the District and State to do what is proper and just for all of our children, in compliance with State and Federal laws. We think it a solid course of action and urge your cooperation in joining our efforts. All you need to do is complete the required sections of the form (including the Consent), and agreeing to cooperate with the Office of Civil Rights investigation.

If you have any questions about this Class Discrimination Complaint or you wish to personally discuss any aspect of your experience with the District, please e-mail us with your phone number. We will respond promptly.

Sincerely,

William Hughes

Catherine Cannivet

William Hughes

Catherine Cannivet