Re: Sue OCR ?

Linda Purrington (lpurring@earthlink.net)
Tue, 14 Apr 1998 12:58:43 -0700


Hmm, is right! Lovely, thank you! Two big nuggets: (1) can you give me
the name and docket of the cases in which OCR was sued for failing to
proceed in a timely fashion? (2) How would one proceed with the tax
angle, without precipitating more retaliation? And yes, your picture of
the OCR is just; even within one county's docket, we have had the same
invetigator in doing good investigations and absolutely terrible
community education. But it is important for parents to realize that the
history of the agency is checkered; that way they don't feelso
devastated when it goes askew; and it lets them judge intelligently
about the various avenues they have before them. I'm pro-choice:)
Here's an idea I am interested in: getting theOCR to do proactive,
preventive compliance reviews. I think it's about time. What do you
think?

lpurring@earthlink.net

raymond_rose@notes.concord.org wrote:
>
> I hate to try and defend OCR -- it is your government at work. The Office
> for Civil Rights has had a checkered history. They have done some good
> work, and some not so good. There are regional offices and each one has
> it's own personality as Peggy said earlier, so its hard to paint the
> organization with a single brush (and folks on this list don't generally
> subscribe to that type of behavior anyway) (:
>
> OCR is political -- they get funded (or not) by Congress and that funding
> often contains direction as to what they should concentrate on. They have
> been the defendant in court action for failure to conduct investigations in
> a timely manner. They were under consent decree for years on that and I
> suspect that some of the complaints about lack of investigation accuracy
> follow behavior changes from that. Not an excuse -- just an explanation.
>
> I've seen some of the OCR investigations (I use to work with a State
> Education Department and then a DAC) and some were real good. OCR often
> has a very little stick to use -- if push comes to shove -- so they often
> really hedge on their findings hoping to use the PR of a report to cause
> some action.
>
> Then there's the other side of OCR - beauracrats who have been too long in
> the system and are jaded. Who want to get out, who feel other issues are
> more important, or who are in for political reasons and have intent to slow
> down the progress many of us would like to see move forward.
>
> The problem is knowing which OCR you're dealing with. Is the case strong?
> Is it part of the focus for that particular OCR office? What's the
> backlog? Who's the investigator? What's the national political climate
> (for OCR) now and what's it going to be at the time the report is to be
> released?
>
> State Education Agencies are similar. There's effective and less. Folks
> on this list have background on both -- but don't expect to see that info
> posted to the list (who's on this list?)
>
> Fighting the discrimination on your own is how much of the case law was
> established -- that means finding a good lawyer (not all are effective --
> like OCR) but then you're in charge of your own fate. But that costs money
> -- you already paid for OCR and the SEA with your taxes. (hey Linda, can we
> sue the Feds (or State) for a rebate on taxes for the failure of a state or
> federal agency to enforce civil rights laws?)
>
> Hmmm...
>
> ray
>
> raymond_rose@notes.concord.org


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