The cost of a student’s swimsuit in Lincoln-Way High School District 210 has come under scrutiny by the U.S. Department of Education’s Office for Civil Rights, according to a letter the district received from the federal agency.
The complaint alleged that the district subjected female students to discrimination by charging them more than male students for swimsuits for physical education classes, and failed to meet Title IX requirements by not properly disseminating information about nondiscrimination, the Jan. 23 letter said. A student had complained about the alleged problem.
Since the district receives Title IX funds, it is prohibited from discriminating on the basis of sex in any education program or activity, according to the letter, written by OCR supervisory attorney Marcela Sanchez-Aguilar.
The Daily Southtown acquired a copy of the letter from the district through a Freedom of Information Act request.
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According to the letter, the district was required to explain why it charges females more than males for the swimsuits, if it marks up the costs and why there is a difference in price.
It also requested copies of the district’s policies that prohibit discrimination, its grievance procedures for handling such complaints and how this information is communicated to parents and students.
Superintendent Scott Tingley said the district has responded to the complaint and expects an early resolution.
Ever since the school district made swimming part of its physical education classes, it has offered swimsuits for sale "as a convenience" to families, at prices "much lower" than the manufacturer’s suggested retail price, he said.
"It’s never been an issue," he said. "Boys’ suits are not as expensive."
Boys are charged $25 for swim gear, and girls, $40, he said, adding that retail prices are $38 and $65 respectively, giving girls a larger discount than boys.
The district does not control the costs of the suits and does not generate revenue from the sales, Tingley said. The district does add on shipping and handling costs, and any costs incurred with stocking them and keeping an inventory.
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"It is done as a convenience to families," he said, noting that students are not required to buy the swimsuits that the district makes available.
Students can wear their own suit, or something else, such as a sports bra and running shorts as long as it is a "conservative style," he said.
Swimming is required during one quarter of the freshman PE program, Tingley said.
Regarding the second complaint — that the district does not disseminate its nondiscrimination information, Tingley said, the Title IX information is posted on the district’s website, in its policy manual, and in the parent-student handbook.
Information on the website, listed under "school board regulations," stated that the district does not discriminate against students or employees on the basis of sex in its programs, activities, services or benefits.
The policy also outlines a grievance procedure for those who want to submit a complaint. It can be filed in the district, and if not resolved, the student or employee can request a hearing with the board of education, or appeal it to the regional or state superintendent of education. The complaint also can be filed with a local, state or federal agency, it stated.
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According to district spokeswoman Taryn Atwell, the student initially filed a complaint with the district. Officials did not say with district high school the student attended.
"We responded, and she was agreeable, but opted to file a complaint with the OCR," she said, adding that there was no hearing with the board of education.
Tingley said it is not uncommon to get OCR complaints, but this is the first one that has been investigated during his time as principal and superintendent.
"People who are angry will write letters," the superintendent said.
The OCR letter also stated that it is "opening the complaint for investigation," which "no way implies" that it has determined the merits of the complaint.
The matter can be resolved through an "Early Complaint Resolution," process — in which the parties voluntarily reach a solution, or it can be resolved before the investigation is concluded, the letter stated.
THE OCR press office did not respond to requests seeking comment.
slafferty@tribpub.com
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