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Bay Area district settles suit alleging inequitable education practices

Black Politics Now by Black Politics Now
November 23, 2024
in Education
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A recently settled lawsuit revealed that Black students and English learners in Pittsburg Unified were disproportionately assigned to special education programs. Image Source: Alison Yin/EdSource

A recently settled lawsuit revealed that Black students and English learners in Pittsburg Unified were disproportionately assigned to special education programs. Image Source: Alison Yin/EdSource

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Nov 12, 2024 Story by: Editor

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A lawsuit alleging discrimination and educational neglect in Pittsburg Unified School District has resulted in a settlement aimed at addressing the disparities faced by Black students, English learners, and students with disabilities. The case, initiated in 2021 by the ACLU of Northern California and the Disability Rights Education and Defense Fund, accused the district of failing to provide these groups with an equitable education.

Settlement Details
On October 23, Pittsburg Unified School District in Contra Costa County agreed to a settlement that includes hiring two independent consultants to tackle key issues, including disciplinary practices, special education placements, and literacy education for students with disabilities, particularly English learners.

“This is an excellent settlement that is an important step in the right direction for Pittsburg Unified,” said Linnea Nelson, senior staff attorney at the ACLU of Northern California. “It seeks to dismantle past practices that have marginalized students, particularly Black students, English learners and disabled students.”

The district acknowledged that its treatment of marginalized students was inconsistent with its mission of equity. Pittsburg Unified board President Heliodoro Moreno noted, “Our system requires consistent courage, honest dialogue, and continuous growth to interrupt practices that lead to disproportionate outcomes for our scholars, especially for some of our African American scholars and scholars receiving special education services.”

Allegations of Misconduct
The lawsuit claimed that the district failed to provide meaningful instruction to Black students, English learners, and students with disabilities. It also alleged that teachers were not adequately trained to meet the needs of these students.

One plaintiff, special education teacher Michell Redfoot, accused the district of discouraging educators from holding students with disabilities to the same academic standards as their peers. Another plaintiff, identified as Mark S., an English learner with autism, reportedly spent school days doing arts and crafts or watching movies instead of learning to read or write.

The complaint also highlighted disciplinary disparities, stating that Black students were suspended and expelled at disproportionate rates and transported to psychiatric wards three times more often than their peers. Jessica Black, a parent involved in the case, described a traumatic incident when her daughter was restrained and sent to a psychiatric ward while in sixth grade. “The fact that the state sanctions this level of violence — that we pay for with tax dollars — is egregious,” Black said.

Steps Toward Reform
The settlement requires the district to work with two independent consultants. Mildred Browne will address disciplinary practices and special education placements, while Linda Cavazos will focus on early literacy programs for students with disabilities and English learners. The consultants will design a plan by May 2025 and monitor its implementation through the 2028–2029 school year, providing regular public updates.

Superintendent Janet Schulze expressed optimism, stating, “The settlement agreement is focused on areas where we still have work to do, and I see it as a positive outcome of a hard process.”

The lawsuit also shed light on previous failures. In 2016, consultant Frances Stetson criticized the district’s special education practices, reporting that the positives were “few and the concerns are many.”

State Accountability
The case extended to the state of California, which was accused of failing to protect students’ educational rights. The state has since agreed to actively monitor districts with significant disparities, reviewing student files, observing classrooms, and conducting interviews.

“Plenty of problems in school districts don’t ‘pop up on paper,’” said Malhar Shah, an ACLU attorney who worked on the case. He added that the settlement could serve as a model for other districts facing similar challenges.

Mixed Reactions from Families
Jessica Black, whose daughter was a plaintiff, remains skeptical about the settlement’s impact, citing her family’s struggles to secure proper support. Eventually, she moved her daughter to Minnesota, where she thrived and graduated early.

“Educators in Minnesota stopped, paused, and listened to her,” Black said, contrasting the experience with Pittsburg Unified. Her daughter, now studying to become a registered nurse, overcame discouragement from a teacher who had suggested that welding or manual labor were her only career options.

The settlement reflects a growing recognition of the need for systemic changes in educational practices to ensure equity and inclusivity. Whether it will result in meaningful improvements remains to be seen. Source: Ed Source

Tags: Bay Area education lawsuit settlementBay Area school district equity caseEducation equity lawsuit resolvedInequitable education practices lawsuit
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