Toby Reed : East Bay Parents Sue CA Schools for Discrimination Tracking

BY CAROLYN JONES | CalMatters

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A recent legal settlement between the state of California and the American Civil Liberties Union of Northern California is set to bring about significant changes in how school districts handle discrimination against students with disabilities, English learners, and Black students. The agreement, which was announced this week, will see state authorities taking a more proactive approach by visiting schools, interviewing teachers, examining individual student records, and investigating potential patterns of discrimination within schools.

Linnea Nelson, a senior staff attorney at the ACLU, expressed satisfaction with the agreement, stating, “For the first time, the state will now be required to strengthen its monitoring of school districts to prevent discrimination.”

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The California Department of Education has already begun implementing some of the requirements outlined in the settlement. Additionally, a hotline has been set up for families and students to report any instances of discrimination, harassment, intimidation, or bullying.

Discrimination in California schools is illegal, but according to the lawsuit, the state has not always been diligent in tracking individual incidents of discrimination. Instead, reviews have primarily focused on broad data such as discipline rates for specific student groups, rather than looking at specific incidents or patterns affecting individual students.

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Malhar Shah, an attorney for the Disability Rights Education and Defense Fund, highlighted the importance of the settlement, stating, “There’s going to be increased accountability, and practices that went under the radar will now come out in the open.”

According to state data, Black students, English learners, and students with disabilities all have suspension rates higher than the California average. Black students, in particular, had a suspension rate of almost 9% last year, significantly higher than the state average of 3.6%.

East Bay district at the center of discrimination complaint

The ACLU settlement stems from a 2021 lawsuit against the state and Pittsburg Unified School District in Contra Costa County. The lawsuit focused on the experiences of a Black student who faced challenges in receiving special education services and was repeatedly suspended.

Jessica Black, the mother of the student identified as L.G. in the lawsuit, shared the traumatic experiences her daughter endured, leading to academic struggles and emotional distress.

Despite the challenges faced by L.G., she has now transitioned to a different school district, graduated early, and is thriving. However, the ordeal took a toll on the entire family, with Black highlighting the strain it placed on her personally and professionally.

While Black is pleased with the settlement, she emphasised the need for further action to prevent future incidents of discrimination. She called for an expedited complaint process, regular reports to school boards on discipline rates, and increased involvement of parents in the accountability process.

Black remains wary of the public school system, expressing the need for schools to treat Black students with humanity to avoid repeating the challenges her daughter faced.

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– Lawsuit East Bay parents discrimination tracking California schools
– East Bay parents lawsuit California schools discrimination tracking students.

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