TEN SLEEP – Complaints for an alleged disability FAPE (Free Appropriate Public Education) violation and an alleged retaliation violation with the U.S. Department of Education Office of Civil Rights against Ten Sleep School prompted a federal investigation.
Ten Sleep School Superintendent Jimmy Phelps stated Thursday that the school has no comment at this time due to privacy regulations and couldn’t state if the two investigations were related or not. “It involves students and that’s all I can say. We are answering the questions that are being asked of us and we have involved our attorney, where he needs to be involved to help us answer those questions. There are things that I can’t even tell board members at this time because when you get into a student issue, there are a lot of privacy things we just can’t say,” Phelps said.
According to the U.S. Department of Education, “All qualified persons with disabilities within the jurisdiction of a school district are entitled to a free appropriate public education. A person with disabilities is defined as any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment or is regarded as having such impairment.
According to a spokesman for the U.S. Department of Education, “The Department’s Office for Civil Rights (OCR) can confirm that it currently has one investigation open at the Washakie County School District #2. OCR is investigating the district for disability discrimination and/or retaliation. This investigation was opened on Jan. 18, 2019. Because this is an on-going investigation, OCR cannot provide additional information or confirm case-specific details. Further, OCR cannot provide estimated timelines for the completion of its investigations. The length of time that it takes to resolve a case depends on a number of factors, including the number and complexity of the issues. Many of OCR’s cases involve complex legal issues and are very fact-intensive. OCR’s goal is to ensure all investigations are conducted in a thorough, consistent manner as quickly as possible. To do this, OCR must examine all relevant facts, data and other information before making a compliance determination of the civil rights laws it enforces. “