Demand Accountability and Federal Investigation into Cleveland City Schools

 

Petition to: Cleveland City Schools | Tennessee Department of Education | U.S. Department of Education Office for Civil Rights

 

WHY THIS PETITION MATTERS

 

This petition is not about a single school or a single incident.

 

Parents and families across Cleveland, Tennessee have been raising serious, documented, and ongoing concerns about the Cleveland City Schools district as a whole — including but not limited to Cleveland Middle School. These concerns span multiple schools, multiple years, and multiple families.

 

Despite repeated efforts to resolve these issues through proper channels — meetings with teachers, conversations with principals, formal complaints to district leadership — nothing has changed. Reports are dismissed. Complaints go unanswered. Children continue to be harmed.

 

What we are describing is not a series of isolated mistakes. This is a district-wide culture of neglect, non-accountability, and systemic failure that has persisted for far too long and affected far too many children and families in our community.

 

We have tried to work within the system. The system has failed our children. We are now demanding that those with the authority to force change — the Tennessee Department of Education and the U.S. Department of Education Office for Civil Rights — step in and do exactly that.

 

---

 

A PATTERN OF FAILURE ACROSS CLEVELAND CITY SCHOOLS

 

The issues documented in this petition are not limited to one building or one staff member. Families from across the Cleveland City Schools district have reported experiencing the same failures, the same dismissals, and the same lack of accountability — regardless of which school their child attends.

 

This tells us something important: the problem is not isolated. The problem is systemic. It lives in the culture, the leadership, and the policies of this district. And it will not be fixed by addressing one teacher or one administrator. It requires a full district-wide investigation and top-down accountability.

 

The following sections document specific patterns of failure that families have experienced across Cleveland City Schools.

 

---

 

UNSAFE CONDITIONS

 

Students across the district have been transported to school-sponsored events without proper safeguards, parental notification, or consent. Basic safety protocols have not been followed, placing children at risk without their parents' knowledge. These are not one-time oversights — they reflect a broader disregard for student safety at the district level.

 

Legal Violations:

- Tennessee Code Annotated § 49-6-2101 — mandates duty of care for all students in the care of school staff

- IDEA 34 CFR § 300.114 — requires safe conditions for students receiving special education services

- Every Student Succeeds Act (ESSA), 20 U.S.C. § 6301 — requires all schools receiving federal funding to maintain safe and supportive environments for every student

 

---

 

BULLYING, ZERO TOLERANCE VIOLATIONS, AND ADMINISTRATIVE INACTION

 

Cleveland City Schools maintains a written zero tolerance policy for bullying and harassment. That policy exists on paper. In practice it is not being enforced.

 

Students across the district have experienced ongoing and repeated bullying including physical intimidation, verbal abuse, and racially insensitive and derogatory behavior. These incidents have not been limited to one school or one grade level. They represent a district-wide failure to protect children.

 

Parents have done everything right. They have reported incidents to teachers, counselors, principals, and district leadership — in person, in writing, and by phone. They have followed every proper channel available to them. In return they have received dismissals, empty promises, and silence. The bullying has continued.

 

When a school district adopts a zero tolerance policy and then consistently refuses to enforce it, that policy is a lie. Worse, the refusal to act sends a clear message to every student who bullies — that there are no real consequences. It sends an equally clear message to every student being bullied — that no one in this district will protect them.

 

No parent should have to report the same abuse over and over again while their child suffers and the district does nothing. That is not a system that is working. That is a system that has broken faith with the children and families it is supposed to serve.

 

Legal Violations:

- Tennessee Anti-Bullying Law — T.C.A. § 49-6-4502 — requires schools to investigate and respond to every reported bullying incident; repeated and documented failure to act is a direct violation of state law

- Tennessee Harassment Policy — T.C.A. § 49-6-4503 — mandates written anti-harassment policies and requires active enforcement of those policies

- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) — prohibits racially hostile environments in schools receiving federal funding; failure to address racial harassment after repeated reports constitutes a violation

- Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681) — where bullying involves gender-based harassment schools are required to respond promptly and effectively

- Section 504 of the Rehabilitation Act (29 U.S.C. § 794) — students with disabilities who are targeted for bullying are entitled to a safe environment as part of their protected rights; failure to protect them is a Section 504 violation

- IDEA 34 CFR § 300.324 — bullying that interferes with a student's ability to receive a free appropriate public education must be addressed as part of the student's IEP process

- ESSA, 20 U.S.C. § 6301 — requires schools to maintain safe and inclusive environments and take documented corrective action when safety is compromised

- T.C.A. § 49-5-1001 — Educator Code of Ethics — school staff and administrators are ethically obligated to protect students from harm; repeated inaction in the face of documented bullying is a serious ethical violation

- Tennessee Board of Education Policy 6.304 — requires documented and timely responses to all parent complaints

 

What We Demand:

- Immediate investigation into all documented and reported bullying incidents that were ignored or dismissed across the district

- Written response to every family who reported bullying and received no meaningful action

- Enforcement of the district's own zero tolerance policy with documented outcomes

- Independent review of how bullying complaints are handled at every school in Cleveland City Schools

- Accountability for administrators and staff who failed to act on repeated and documented reports

 

---

 

RACIAL HARASSMENT AND DEROGATORY LANGUAGE — INCLUDING BY ADMINISTRATORS AND STAFF

 

Students have not only experienced derogatory and racially insensitive behavior from their peers. They have been called derogatory names by the very administrators and staff members who are supposed to protect them.

 

This is one of the most serious failures documented in this petition.

 

When the adults responsible for a child's safety and education become the source of derogatory and demeaning language, the damage goes far beyond a single incident. It destroys trust. It causes lasting psychological harm. It tells a child that they are not valued, not safe, and not worthy of basic dignity in their own school. And it creates a hostile educational environment that no child should ever have to endure.

 

Across Cleveland City Schools, families have reported these incidents. And across Cleveland City Schools, these reports have been dismissed, minimized, or met with no consequences for the staff involved. That pattern of protecting adults at the expense of children is unacceptable and illegal.

 

Staff and administrators are held to the highest professional standard. There is no circumstance under which using derogatory language toward a student is acceptable. There is no excuse. There is no justification. It is a violation of the law, a violation of professional ethics, and a betrayal of every child in this district.

 

Legal Violations:

- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d) — prohibits racial discrimination and harassment in schools receiving federal funding; derogatory racial language directed at students by staff is a direct and serious federal violation

- Equal Educational Opportunities Act (20 U.S.C. § 1703) — prohibits actions by school personnel that deny students equal educational opportunity based on race

- 14th Amendment — Equal Protection Clause — students have a constitutional right to equal protection under the law; staff using derogatory language based on race or disability violates this constitutional right

- Section 504 of the Rehabilitation Act (29 U.S.C. § 794) — if derogatory language was directed at students with disabilities it constitutes discrimination based on disability status

- T.C.A. § 49-6-4503 — Tennessee Harassment Policy — prohibits harassment of students by any person in school programs including staff and administrators

- T.C.A. § 49-5-1001 — Educator Code of Ethics — Tennessee educators are bound by a professional code that strictly prohibits conduct that demeans, humiliates, or harms students; using derogatory language toward a student is a direct violation that may warrant license revocation

- Tennessee Board of Education Staff Conduct Policies — prohibit any behavior by staff that creates a hostile or demeaning environment for students

 

What We Demand:

- Immediate investigation into all reported incidents of derogatory language used by administrators and staff toward students across the district

- Disciplinary action up to and including termination for any staff member found to have used derogatory language toward a student

- Referral to the Tennessee Department of Education for educator licensure review where staff conduct warrants it

- Written apology to all affected students and families

- Mandatory district-wide training on professional conduct, implicit bias, and appropriate staff and student interactions

 

---

 

DENIAL OF 504 AND IEP EVALUATIONS — FAILURE TO IDENTIFY AND SERVE STUDENTS WITH DISABILITIES

 

Across Cleveland City Schools, parents have formally requested evaluations for 504 plans and Individualized Education Programs for their children. These requests have been ignored, delayed without justification, or denied without proper written notice as required by law.

 

This is not a gray area. This is not a matter of professional judgment. Under federal law, when a parent requests an evaluation for special education services or a 504 accommodation plan, the school district is legally required to respond within specific timeframes. That obligation is not optional. It is not subject to administrative convenience. It is the law.

 

These families have watched their children struggle — academically, socially, and emotionally. They have asked for help through every proper channel available to them. They have been met with silence, delays, dismissals, and closed doors. Meanwhile their children have continued to fall further behind without the supports they are legally entitled to receive.

 

Beyond parent requests, federal law also requires school districts to proactively identify students who may have disabilities — even when no parent has made a formal request. This is known as the Child Find obligation. Cleveland City Schools appears to be failing this obligation as well.

 

Every day a child goes without the evaluation, the plan, and the support they are legally entitled to is another day of preventable harm. The district's failure to act is not a passive oversight. It is an active denial of these children's federally protected rights.

 

Legal Violations:

- IDEA (20 U.S.C. § 1400 et seq.) — requires school districts to identify, locate, and evaluate all children who may have disabilities; this Child Find obligation applies district-wide regardless of whether a parent has made a request

- IDEA 34 CFR § 300.301 — requires schools to conduct a full individual evaluation within 60 days of receiving parental consent; failure to initiate the evaluation process after a parent request is a direct federal violation

- IDEA 34 CFR § 300.503 — requires schools to provide written prior notice to parents before refusing to evaluate a child; verbally dismissing or ignoring a request is not legally permissible

- Section 504 of the Rehabilitation Act (29 U.S.C. § 794) — requires schools to evaluate students who are believed to have a disability that substantially limits a major life activity; parental requests for evaluation must be addressed promptly and in writing

- 34 CFR § 104.35 — requires schools to evaluate students for 504 eligibility when there is reason to believe a disability exists; denial of evaluation without proper process is a violation

- Americans with Disabilities Act, Title II (42 U.S.C. § 12132) — denial of disability evaluations and accommodations constitutes discrimination against students with disabilities in a public program

- T.C.A. § 49-10-101 et seq. — Tennessee Special Education Rules — mirrors federal requirements and mandates timely evaluation and documented response to all parent requests for special education services

- Tennessee Board of Education Policy — requires documented responses to all parent requests related to student services and supports

 

What We Demand:

- Immediate review of all pending and previously denied evaluation requests across the district

- Initiation of all legally required evaluations for students whose parents have made formal requests

- Written notice to all families who requested evaluations and received no response or an improper denial

- Independent audit of the district's Child Find procedures and special education compliance

- Accountability for administrators who blocked, delayed, or ignored legally required evaluation processes

 

---

 

DENIAL OF A STUDENT'S BASIC BODILY NEEDS

 

One of the most troubling incidents documented in this petition involves a middle school student.

 

The student requested permission from their teacher to use the restroom. That request was denied.

 

As a direct result of that denial the student was unable to reach the restroom in time and soiled themselves. The student was forced to remain in soiled clothing for the remainder of the school day. Out of humiliation they did not seek help. No staff member intervened. No action was taken to protect their dignity, health, or well-being.

 

When this incident was reported to school administration it was dismissed entirely — and the child was accused of lying. Rather than investigating a credible health and safety complaint involving a minor, the administration chose to discredit the child.

 

This incident was humiliating — causing lasting emotional and psychological harm. It was unsanitary — forcing a child to sit in soiled clothing for hours. It was physically dangerous — posing a direct risk to the student's health. And it was administratively mishandled — the decision to dismiss the report and accuse the child of lying compounded every aspect of the original harm.

 

Legal Violations — Federal:

- Section 504 of the Rehabilitation Act (29 U.S.C. § 794) — if the student has a qualifying disability or 504 plan denial of restroom access constitutes denial of a necessary accommodation and a violation of federally protected rights

- Americans with Disabilities Act, Title II (42 U.S.C. § 12132) — public schools must provide reasonable accommodations; denying restroom access to a student with a medical or disability-related need is a direct violation

- IDEA 34 CFR § 300.324 — if restroom access is identified as a health or medical need within an IEP failure to accommodate constitutes a violation of the student's individualized education program

- 14th Amendment — Due Process and Dignity Rights — students retain constitutional rights within schools; forcing a child to remain in unsanitary conditions implicates due process protections

- ESSA, 20 U.S.C. § 6301 — schools are required to maintain safe, healthy, and supportive environments; this incident is a direct violation of that mandate

 

Legal Violations — State:

- T.C.A. § 49-6-2101 — Duty of Care — school staff are legally obligated to protect the health, safety, and well-being of every student; denying a basic biological need and ignoring the resulting harm is a direct breach of this duty

- T.C.A. § 49-6-4502 — the humiliation caused by this incident combined with the administration's dismissal and false accusation may constitute harassment and a hostile educational environment

- T.C.A. § 49-5-1001 — Educator Code of Ethics — this incident raises serious ethical violations by both the teacher who denied the request and the administrator who dismissed the report

- Tennessee Board of Health School Sanitation Standards — allowing a student to remain in unsanitary conditions for the duration of a school day may violate state health regulations applicable to public schools

 

Administrative Misconduct:

The decision to dismiss this report and accuse the student of lying constitutes failure to investigate a credible student health and safety complaint, potential intimidation of a minor, violation of Tennessee's mandatory duty to respond to health and safety concerns under T.C.A. § 49-6-2101, and a continuation of the district's pattern of silencing students and families who report misconduct.

 

---

 

SHOWERING AT SCHOOL WITHOUT PARENTAL NOTIFICATION OR CONSENT

 

Parents and families have reported that students with 504 plans were directed to shower at school without prior parental notification or consent. While participation may not have been physically forced, students with documented disabilities and legally binding accommodation plans were placed in a vulnerable and potentially uncomfortable situation without any parental knowledge or approval.

 

Directing children to undress and shower at school — particularly children with disabilities who may have heightened sensory, emotional, or trauma-related needs — without first notifying parents is a serious violation of parental rights and student dignity. The absence of physical force does not eliminate the legal and ethical obligation schools have to inform parents before placing their children in situations of a personal and intimate nature.

 

This practice denied parents their fundamental right to be informed and involved in decisions affecting their child. It placed students with disabilities in vulnerable situations without appropriate safeguards. It failed to consider the specific needs and accommodations of students with documented disabilities. And it bypassed the legally required parental involvement that students with 504 plans are entitled to under federal and state law.

 

Legal Violations — Federal:

- Section 504 of the Rehabilitation Act (29 U.S.C. § 794) — students with 504 plans have documented disabilities; any activity affecting their physical wellbeing, dignity, or personal comfort requires consideration of their accommodations and parental involvement

- Americans with Disabilities Act, Title II (42 U.S.C. § 12132) — public schools must ensure students with disabilities are not subjected to conditions that cause harm or distress without appropriate safeguards and parental knowledge

- Family Educational Rights and Privacy Act — FERPA (20 U.S.C. § 1232g) — parents have the right to be informed and involved in decisions affecting their child's physical wellbeing; conducting activities of a personal nature without parental notification violates the intent of this law

- 14th Amendment — Due Process and Privacy Rights — the right to bodily privacy is constitutionally protected; directing minors to undress and shower without parental notification implicates serious due process and privacy concerns

- ESSA, 20 U.S.C. § 6301 — schools are required to maintain safe, supportive, and dignified environments for all students

 

Legal Violations — State:

- T.C.A. § 49-6-2101 — Duty of Care — directing students to shower without parental notification is a breach of the school's legal duty to protect student wellbeing

- T.C.A. § 49-10-101 et seq. — Tennessee Special Education and 504 Rights — parents of students with disabilities have specific rights to be informed and involved in all matters affecting their child

- T.C.A. § 49-5-1001 — Educator Code of Ethics — directing students with disabilities to shower without parental notification raises serious professional and ethical violations

- Tennessee Parental Rights Protections — Tennessee strongly recognizes parental rights in education; directing a child to undress without a parent's knowledge violates those rights

 

---

 

RETALIATION AGAINST STUDENTS AND FAMILIES

 

After raising concerns through proper channels, families across Cleveland City Schools report that their children have faced exclusion from activities, reduced opportunities, and increased negative treatment from staff. No child should ever suffer consequences because their parent had the courage to speak up.

 

Legal Violations:

- Section 504 of the Rehabilitation Act (29 U.S.C. § 794) — prohibits retaliation against individuals who exercise protected rights

- IDEA 34 CFR § 300.500 et seq. — protects parental rights and prohibits obstruction of the advocacy process

- Title II of the ADA (42 U.S.C. § 12132) — prohibits retaliation in public programs and services

- Title VI of the Civil Rights Act (42 U.S.C. § 2000d) — prohibits retaliation against those who report racial discrimination

 

---

 

DENIAL OF PARENTAL RIGHTS AND DUE PROCESS

 

Parents across the district have been denied the right to have a support person present during school meetings. Access to federally mandated mediation has been blocked or never offered. Formal complaints have been redirected or ignored. The very processes that exist to protect families have been used against them or withheld entirely.

 

Legal Violations:

- IDEA 34 CFR § 300.506 — guarantees the right to mediation at no cost to parents

- IDEA 34 CFR § 300.322 — requires schools to ensure meaningful parent participation in all IEP meetings

- Section 504, 34 CFR § 104.36 — requires grievance procedures and access to impartial hearings

- T.C.A. § 49-10-101 et seq. — Tennessee Special Education Rules — mirrors federal protections and guarantees parental rights throughout the special education process

 

---

 

IEP AND 504 PLAN VIOLATIONS

 

For students who do have IEPs and 504 plans in place, the violations do not end there. Students with disabilities have experienced failure to receive required academic interventions, penalties imposed during excused disability-related absences, and delayed or nonexistent communication from staff — all in direct violation of their legally binding education plans.

 

Having a plan on paper means nothing if that plan is not implemented. These students and families fought to get these plans in place. They deserve to have them honored.

 

Legal Violations:

- IDEA (20 U.S.C. § 1400 et seq.) — requires full and faithful implementation of every Individualized Education Program

- Section 504 of the Rehabilitation Act — requires full implementation of all 504 accommodation plans

- ADA Title II (42 U.S.C. § 12132) — requires equal access to educational programs for students with disabilities

- 34 CFR § 300.323 — mandates IEP implementation at the beginning of each school year without delay

 

---

 

LACK OF ACCOUNTABILITY AND TRANSPARENCY ACROSS THE DISTRICT

 

At every level of Cleveland City Schools — from individual classrooms to district leadership — the same pattern repeats itself. Concerns are redirected rather than resolved. Complaints disappear without response. Staff who engage in misconduct face no consequences. Parents who push back are dismissed or retaliated against.

 

This is not a failure of one administrator or one policy. This is a systemic and cultural failure that has taken root across the entire district. It will not be fixed from within. It requires outside intervention, independent oversight, and real accountability.

 

Legal Violations:

- ESSA, 20 U.S.C. § 6301 — requires schools to maintain safe and supportive environments and respond meaningfully to documented concerns

- Tennessee Board of Education Policy 6.304 — requires documented and timely responses to all parent complaints

- T.C.A. § 49-5-1001 — Educator Code of Ethics — all educators and administrators are bound by professional obligations to respond appropriately to student and family concerns; a district-wide pattern of non-response is a district-wide ethical failure

 

---

 

WHAT WE ARE DEMANDING

 

We call on Cleveland City Schools, the Tennessee Department of Education, and the U.S. Department of Education Office for Civil Rights to take the following immediate actions:

 

- A formal federal investigation into Cleveland City Schools as a district by the U.S. Department of Education Office for Civil Rights

- A specific investigation into practices and incidents at Cleveland Middle School

- A formal investigation into staff conduct regarding the denial of restroom access to a student

- A formal investigation into the practice of directing students with 504 plans to shower at school without parental notification or consent

- A formal investigation into all reported incidents of derogatory language used by administrators and staff toward students

- Immediate review of all pending and previously denied IEP and 504 evaluation requests across the district

- Initiation of all legally required evaluations for students whose parents have made formal requests

- A formal review of administrator and staff conduct and fitness for their roles across the district

- Written acknowledgment and apology to all affected students and families

- An immediate end to any school practice involving student showering without prior written parental notification and consent

- Written notification to all families whose children were directed to shower at school without their knowledge

- Immediate enforcement of anti-discrimination protections under Title VI, Section 504, ADA, and IDEA

- Guaranteed access to mediation and due process for all parents at no cost

- Enforcement of the district's zero tolerance bullying policy with documented and transparent outcomes

- Disciplinary action up to and including termination for staff found to have used derogatory language toward students

- Referral to the Tennessee Department of Education for licensure review where staff conduct warrants it

- District-wide mandatory training on student health rights, restroom access, bodily privacy, IEP and 504 compliance, anti-retaliation policies, professional conduct, and implicit bias

- A transparent, accessible, and independently reviewed complaint system for every school in the district

- Full review of all physical education, athletics, and extracurricular policies that involve student privacy

- Independent audit of the district's Child Find procedures and special education compliance

- Accountability for all staff and leadership at every level who failed to act or actively obstructed resolution

- Comprehensive review and correction of student safety practices across all schools in Cleveland City Schools

 

---

 

A NOTE TO FAMILIES

 

If your child has experienced any of the violations described in this petition you have rights — and you do not need an attorney to use them.

 

- File a free State Complaint with the Tennessee Department of Education

- File a free OCR Complaint with the U.S. Department of Education

- Request free mediation through the state

- Request a Due Process Hearing

- Contact the Tennessee Department of Children's Services if your child was placed in a vulnerable situation without your consent

 

None of these cost anything. All of them matter. You have rights. Use them.

 

---

 

STAND WITH OUR COMMUNITY

 

This is not about one family. This is not about one school. This is about an entire district that has failed its children — repeatedly, systematically, and without accountability.

 

Children in Cleveland, Tennessee deserve to go to school and feel safe.

They deserve to be treated with dignity by every adult in that building.

They deserve to have their legal rights honored — not ignored.

They deserve educators who protect them — not harm them.

Parents deserve to be heard — not dismissed.

Parents deserve to know what is happening to their child every single day.

Legally binding education plans deserve to be followed — not filed away and forgotten.

 

We have tried to work within the system. The system has failed our children. Now we are demanding that those with the authority to force real change step in and do exactly that.

 

Sign this petition. Share it widely. Stand with our children.

 

Created by Shannon Morris — Noble Mediation and Notary | Cleveland, Tennessee and Amber Orr | Cleveland, Tennessee

To file an OCR complaint: www.ed.gov/ocr

To file a Tennessee State Special Education complaint: www.tn.gov/education/special-education

To report child welfare concerns in Tennessee: www.tn.gov/dcs