Lawsuit alleges North Texas school district disproportionately disciplined Black and Latino students
July 29, 2024 Story by: Editor
WAXAHACHIE, Texas — A federal civil rights lawsuit was filed Thursday, alleging that a North Texas school district enforces disciplinary policies in a manner that disproportionately punishes Black and Latino students more frequently and severely than their white peers.
The lawsuit highlights an incident involving a Waxahachie High School student, referred to as C.J., who claimed she was repeatedly harassed by another student to give up her seat at a lunch table. The altercation escalated when the other student poured a drink over C.J.’s head, leading to a physical fight, according to court records.
“Despite being targeted by a bullying offending student, and despite clearly engaging in self-defense during a bullying incident, C.J. was put in-school suspension (ISS) for five days pending a hearing on the matter,” the lawsuit states. “Upon information and belief, [the other student] was either not disciplined or received lesser discipline than C.J.”
C.J., who is Black, was later placed in a discretionary Disciplinary Alternative Education Program (DAEP) for 30 days, resulting in a disciplinary record and barring her from trying out for the cheerleading team, the lawsuit claims.
Another incident involved S.W., a student at Howard Junior High School in Waxahachie ISD, who says she experienced cyberbullying last fall. The lawsuit, filed by the parents of both students in the U.S. District Court for the Northern District of Texas, names Waxahachie ISD board members and staff as defendants.
“The way the policies are written is facially neutral, but the way that they’re applied have a disparate impact along racial lines,” said Attorney Mike Laux of the Laux Law Group, representing the families, during a recent press conference. “What it boils down to is a discriminatory discretion in the application of discipline policies.”
S.W. reported the cyberbullying, leading to a stay-away directive being issued for some students involved. However, about a month later, S.W.’s parents were informed that she had violated this directive, despite not knowing she was subject to it, according to the lawsuit. S.W. was placed in in-school suspension for violating the directive.
Shortly after, one of the students involved in the stay-away directive taunted S.W. again, resulting in a physical altercation. S.W. was then placed in DAEP for 30 days, which led to her removal from the school’s volleyball team, the lawsuit states.
Laux noted that this is the first lawsuit of its kind against Waxahachie ISD.
“I’m unaware of another lawsuit brought against the district that alleges racial discrimination in the application of the disciplinary process,” he said.
Waxahachie ISD has denied any discriminatory treatment, stating, “The district maintains Board policies that specifically prohibit discrimination, bullying, or harassment of its students and employees and adheres faithfully to these policies. WISD strives to be a place where every student has choices, opportunities to belong, and staff members who care deeply about their growth and success. We do not tolerate violence between students, bullying, or any other behavior that makes our campuses unsafe.”
Due to state and federal privacy laws, Waxahachie ISD added, “the district is unable to specifically address matters that pertain to individual students.”
Waxahachie ISD has 21 days to respond to the lawsuit, either by filing an answer or a motion to dismiss. Laux stated that the case could potentially go to trial within 12 to 14 months. Source: WFAA