U.S.

Department of Justice
United States Attorney Southern District of New York
86 Chambers Street New York, New York 10007

November 8, 2013

VIA ELECTRONIC MAIL: LWONG-PAN@TDWPM.COM Laura Wong-Pan, Esq. Thomas, Drohan, Waxman, Petigrow & Mayle, LLP 2517 Route 52 Hopewell Junction, New York 12533

Re:

T.E. et al. v. Pine Bush Central School District et al., No. 12 Civ. 2303 (KMK) (PED)

Dear Ms. Wong-Pan: The United States Attorney's Office for the Southern District ofNew York has commenced an investigation into potential violations of the United States Constitution, Title IV of the Civil Rights Act of 1964, 42 U.S.C. 2000c et seq. ("Title IV"), Title VI of the Civil Rights Act of 1964, id. 2000d et seq. ("Title VI"), and the Department of Education's implementing regulations, 34 C.F.R. 100.1 et seq. Specifically, the United States is investigating whether the Pine Bush Central School District, the Pine Bush Central School District Board of Education and agents and/or employees thereof ("Defendants") have discriminated against students on the basis of national origin and religion. Under the Equal Protection Clause of the Fourteenth Amendment, states may not "deny to any person within its jurisdiction the equal protection ofthe laws." U.S. Const. am. XIV, 1. Title IV prohibits discrimination, including harassment, based on race, color, sex, religion, and national origin by public elementary and secondary schools and public institutions ofhigher learning. 42 U.S.C. 2000c-6. Title VI provides, among other things, that "[n]o person in the United States shall, on the ground ofrace, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." !d. 2000d; see also 34 C.F.R. 100.3 (same). The Department of Justice is authorized to investigate alleged violations of Title VI pursuant to Executive Order No. 12250,45 Fed. Reg. 72995 (Nov. 2, 1980). For purposes of our investigation, we request that you provide us with the following information and documents within two weeks of receiving this letter: 1. The name, address, and telephone number of a designated contact person.

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2.

All documents and materials produced by Defendants in the litigation entitled T.E. et al. v. Pine Bush Central School District et al., No. 12 Civ. 2303 (KMK) (PED).

Thank you in advance for your cooperation with this investigation. We assure you that all the information you provide will be carefully considered in our investigation. If any violations are found, we look forward to conferring with you concerning appropriate corrective actions. Very truly yours, PREET BHARARA United States Attorney

yt,

District of New York

By: MICHAELJ. BYA S Assistant United States orney Telephone: (212) 637-2793 Facsimile: (212) 637-2717 E-mail: michael.byars@usdoj.gov