The Paris News

U.S. Department of Education's Office for Civil Rights continues to investigate Paris Independent School District amid threats of more protests by black activists.

Tensions increased in the community after a March 12 article in the Chicago Tribune featured Shaquanda Cotton, 15, a former PISD student who Lamar County Judge Chuck Superville sent to a Texas Youth Commission facility in March 2006 on an indeterminate sentence up to her 21st birthday.

The commitment followed a jury determination Cotton committed an act of juvenile delinquency — specifically, assault causing bodily injury on a public servant.

Since 2003, about a dozen complaints have been filed against the district. Of those, three were investigated and determinations rendered. Five are still under investigation, according to PISD Assistant Superintendent Robert High.

“The district has received three determinations to date with five pending,” High said. “We were informed that the remaining complaints were being closed, compiled into one and that a full compliance review would be conducted.”

Others were thrown out by the Civil Rights Division.

The Paris News filed an open records request last week under the Texas Open Records Act seeking copies of complaints and actions against PISD by the Office of Civil Rights. The newspaper sought and received records dating to 2003.

“Representatives from the Office For Civil Rights came to the district last fall (2006) and spent one week reviewing all discipline records in grades six through 12 for the previous school year,” High said. “They also conducted interviews with faculty, administrators and students.”

The compliance team is scheduled to return to review records for other school years, conduct additional interviews and complete the compliance review, High said.

The district was informed in April 2006 that PISD had been selected for a compliance review regarding the discipline of black students.

An OCR letter dated June 30, 2006 states:

“Specifically, OCR is reviewing whether the district discriminated against African American students on the basis of race during the 2004-2005 and 2005-2006 school years in the administration of its discipline policies and procedures.”

Of the combined complaints, one filed Nov. 28, 2005, identified Creola Cotton (Shaquanda Cotton’s mother) as the complainant. That complaint (OCR Docket No. 06061065) was closed in May 2006 with accusations to be considered in the compliance review.

The notification states:

“As a result of OCR’s decision to conduct this compliance review in the district, and information obtained regarding the removal of the complainant’s daughter by the state to a juvenile detention facility, OCR complaint No. 06061065, will be closed as of the date of this letter and the issues and concerns raised regarding discrimination on the basis of race regarding discipline will be reviewed as a part of the Title VI compliance review.”

Documents obtained by the newspaper last week confirm the Civil Rights Division closed three unrelated complaints — two on the basis “there is insufficient evidence to support a conclusion of noncompliance with Title VI,” and another on the same basis with the additional note of compliance with the Disabilities Act of 1990.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in federally funded programs. The Disabilities Act of 1990 prohibits discrimination based on disabilities.

Of determinations rendered to date, one dealt with a complaint that a Travis Junior High School African American boy was disciplined differently than a white girl relating to a “hugging” incident during the 2004-2005 school year.

A second dealt with a complaint that Travis Junior High staff made racially derogatory remarks about blacks during the spring of the 2003-2004 school year.

The third dealt with a complaint a black female student at Crockett Middle School, who qualified for disabilities under Title II of the Americans with Disabilities Act of 1990 based on Other Health Impaired classification of Attention Deficit Hyperactivity Disorder (ADHD), was disciplined differently based on her race and disability than white students who committed similar offenses during the 2003-2004 school year.

In a letter dated July 26, 2004, OCR informed the district of insufficient evidence to support the complaint after an investigation of PISD policies and a comparison of how students were disciplined.

The student had been referred for discipline on approximately 18 separate occasions, according to the OCR report.

“OCR’s analysis revealed that the disciplinary sanctions administered to the AIP (Alleged Injured Party) were consistent and showed that all students received the same or similar disciplinary sanctions for the same or similar behaviors, regardless of race/ethnicity,” the report stated.

The report stated the district also applied “appropriate disciplinary policies and procedures” with regard to discipline related to the AIP’s individual needs based on disability status.

After an OCR investigation, PISD received a determination letter dated June 14, 2006, on the “hugging” incident complaint.

In explaining the determination of insignificant evidence to support the complaint, the Civil Right office in the letter states:

“The student confirmed during the OCR interview with him on April 19, 2006, that on Feb. 3, 2005, he approached the female student from behind and proceeded to put his left hand on her shoulder and his right hand on her stomach while she continued to walk away from him.

“When OCR asked why he held the female student in such manner he stated that he was ‘being friendly.’ However, he also indicated that the female student did not engage or attempt to reciprocate this type of behavior, ‘being friendly.’”

“In summary, OCR could not establish that the PISD discriminated against the student in the administration of discipline, based on his race,” the letter states.

About the Travis Junior High staff complaint, a letter to PISD dated Aug. 11, 2006, notes in its explanation as to why OCR has found insignificant evidence of discrimination that appropriate measures had been taken by the district.

About the complaint filed June 24, 2004, the complainant told OCR staff on Sept. 9, 2004, that a teacher witness at Travis had informed her that another teacher told a racially offensive joke, specifically “How are blacks like ‘apples’? According to the complainant, the alleged harasser responded by stating that, ‘They both look good hanging from a tree.’”

The letter also addressed a second incident relating to a teacher making a racial slur to an eighth grade black student. In the teacher’s signed written statement, the OCR report states that “she admitted to ‘jokingly’ stating the following to the black student, ‘it must be ‘cause he is too dark to see.’”

According to the letter, OCR staff reviewed a written administrative directive and reprimand from the principal to the teacher that directed her to refrain from directing offensive remarks to students and to attend cultural diversity and sensitivity training as well as review and abide by PISD policy.

“The investigation further disclosed that the teacher involved was placed on administrative leave and suspension on Dec. 8, 2004, for an unrelated incident,” the OCR letter states. “On the same day, the teacher provided her resignation notice effective as of Jan. 31, 2005, which was accepted by the superintendent.”

OCR issued a determination that PISD, upon receiving notice of the incident took “prompt and effective” action.

About the joke incident, during the on-site investigation the teacher witness would not speak to OCR, the letter states. In addition, OCR reviewed correspondence indicating that the alleged harasser had resigned from PISD in January 2005.

The Travis principal made OCR staff aware the joke had been told and retold by students earlier in the year, and that a counselor had meet with both black and white students about “what was inappropriate about the joke and why it hurt other students’ feelings,” according to OCR correspondence. “After a lengthy discussion, all the students agreed that they understood the reason why the joke was disruptive and agreed that it would not happen again,” the OCR letter quotes the counselor as saying during the investigation.

The letter further states OCR staff interviewed students involved who confirmed events as reported by district staff.

Because the counselor took appropriate steps, OCR determined PISD took appropriate steps to address the incident, the letter states.

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