Making Your Complaint Heard

Questions to Consider

Below are some questions and suggestions for situations that you and your community may be facing.

* Are Indian families encouraged to hold their own cultural events, such as pow wows, in the school buildings?

If not, and if the white community uses the school for other purposes, then this is a form of discrimination.

* How does the school board treat Indian parents? Are their complaints heard?

If the School Board dismisses complaints of Indian families or the Indian Educational Committee or says they will investigate issues but never does anything, file a complaint with OCR.

* How are Federal Moneys spent?

Parents have a right to ask the school to provide information about the way Impact Aid and JOM money is being spent. Schools cannot refuse you this information. If they do not comply, this is the basis for a complaint. Request the information in writing, ask that you receive this information within two weeks, in writing. Remember, the school needs the money that Indian children bring into the school. Impact Aid money for each child is generally much more than the money the school receives through taxes. This gives the Native community power. If the parents were to boycott for a specific amount of time, the school would lose a substantial amount of money.

* Is there an Indian Education Committee? What is their responsibility and how are they funded? Who selects the members? Does the committee work as a liaison between the Native parents and the school? Does the school board listen to the Indian Education Committee? Is there an Impact Aid committee?

If the school is not listening to the Indian Education Committee, complain to the OCR. The tribe or the community should be involved in choosing the Indian Education Committee, not the school. The parents should be able to make suggestions through the Committee, and the School Board should meet and listen to the Committee. If they do not, contact OCR. Also, the Community Resolution Service can help to negotiate all of this for you.

* How does the Indian Education Committee view the school board? Do they receive money for program development? How many activities are geared to Native students, both within the classroom as well as in extracurricular events? Does the administration encourage Native events and celebrations within the school, and do they promote them to ALL students as well as they do other events, like Homecoming? Does the school host a POW wow, a cultural display of any kind that would boost the enthusiasm of the kids and make them feel like this is a school that belongs to them?

If you cannot answer all of these questions above in a positive way, then all of these issues that can be filed as complaints. These are all rights that the nonnative community is entitled to, and you are equally entitled to them as well. Be sure when filing your complaint that you note how the events you want are treated differently than other events in the school.

* Are there Indian studies in the schools? Do they ever promote Native heroes? Do they seek to inspire Native children? Are there Native teachers in the schools? Are there books on Native subject matter in the classroom? Do the nonnative teachers and students ever undergo cultural awareness about Native people? Is there a Native Guidance Counselor or any Native person available to counsel Native kids?

These are all things that you have a right to demand. If you can change the wording above to read "white" instead of "Native" and see that the white children are receiving preference, then its discrimination! File a complaint and be sure to note the differences!

* Does the school embrace multicultural awareness in any way at all? What are they doing to make sure that No Child is Left Behind?

It is imperative that teachers participate in cultural awareness classes so they can better understand their students. Ask the State Board of Education what services they provide for Indian people, what training do they offer and require of teachers and administration. Must teachers participate in any Native studies to receive their certification?

* Is there an affirmative action policy for hiring Indian teachers? Do they make any effort to have Native people in positions of authority?

This is critical to the way Native children see themselves. If they only see themselves represented in subordinate positions, they will never have the sense that the school supports their success. The Indian Education Committee should be able to influence the school board. If they meet with resistance or are ignored, file a complaint. If you work within the school and are treated differently or are paid less than others for the same work, file with the EEOC. (See List of Agencies)

* How many Native children are prescribed Ritalin or similar drugs? Does this recommendation come through the schools? Do they refer parents to doctors who prescribe the drugs without monitoring the children first?

Parents should find their own doctors who will assess their children and make the decision in an unbiased way. Many nonnative teachers will suggest Ritalin because they don't understand Native learning styles and will misinterpret boredom for an inability to focus. Many Native children are taught to think critically, to examine issues before they speak. Most nonnative children are taught to learn by rote, by lecture, not by thinking situations through and they are taught to respond quickly. These different learning styles and others create common misunderstandings and often result in recommending Ritalin for children who do not need it. The school needs to learn to understand the children they are supposed to teach.

* Has there been retaliation?

Many people fear filing complaints because they are afraid of retaliation by the administration. This is illegal. If you or your children suffer any retaliation, file a complaint with the Office of Civil Rights. You can file these reports yourself, or have someone else file it as long as you stand behind your complaint for as long as it takes. One of the most common problems is that people become afraid or tired and they choose not to see their complaint through. This lessens the impact of the efforts of the entire community. Do not give up.

You can file more than once. File EVERYTIME there is an incident!

Document Everything!
Remember to make notes each and every time you have a communication with a teacher, principal, superintendent and the school board. Keep track of dates, who said what, when you submitted a letter asking for information, the way your letter was received, the way you were treated when making a complaint, etc. All of this will make your accusations stronger.

When filing your complaints, there are a few very important things to consider. Remember that the complaints must be filed within 180 days of the offense. If there is an ongoing history of discrimination and there are incidents that have happened in the last few years, then it could be useful to include that with your complaint, however if 180 days have elapsed since an offense, if will be very hard to file your claim.

Also, many people feel that the words they use to describe an offense may not appear to give the full impact of how hurt they were by that offense. Sometimes people feel they must either elaborate on their story or exaggerate it. It is imperative that only truthful and complete descriptions of the offense are given. Anything less than the simple yet complete truth will hurt your complaint. It is also important to document exactly how the offense made you feel. No matter how small the situation may appear to you, if it has caused you to feel discriminated against, it is a worthwhile complaint.

Good luck in your efforts to fight racism in your community and schools. Please contact STAR if you have any questions, need help in writing your complaints or if you wish us to help you with distributing your press releases to the media and internet. Feel free to send us information to post to our website and promote to the media. This often causes the school system embarrassment at being held up to public scrutiny.

Filing Your Complaints
Information on filing a civil rights complaint against a school can be found at:
http://www.ed.gov/about/offices/list/ocr/complaintintro.html

The Department of Justice Community Resolution Services:

To file a complaint regarding misuse of Impact Aid funds:

First contact your State Department of Education. If you are not satisfied , contact

US Department of Education,
Office of Inspector General
1-800-647-8733

If you suffer a work related civil rights offense within a school system, you can contact the Equal Employment Opportunity Commission.

If you wish to have your complaints written as press releases and sent to the local and/or national media, please contact STAR at ROSEPETL5@aol.com