FOR IMMEDIATE RELEASE:
July 3, 2024
RIVERSIDE, CA — On June 28, 2024, Federal Court Judge Jesus Bernal issued a historic permanent injunction in C.B. v. Moreno Valley Unified School District et al., in which he ordered Defendant Moreno Valley Unified School District (MVUSD) to make extensive district-wide changes, as well as reduce its reliance on school police and security officers to respond to students with disabilities. Plaintiff C.B., a Black child with disabilities, filed a lawsuit against the District after, at the age of ten and weighing hardly 70 pounds, he was repeatedly tackled, handcuffed, taken into custody, and then referred to law enforcement for exhibiting disability-related behaviors at school. The injunction follows the Court’s October 13, 2023 Order finding MVUSD maintained a discriminatory campus security program that disproportionately removed, restrained, and referred disabled and Black disabled students to law enforcement in violation of federal law. For example, during the 2019-20 school year, Black disabled students were 3.63 times more likely to be referred to law enforcement than their non-disabled peers.
The ruling marks a significant victory in protecting the rights of students with disabilities under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The order requires MVUSD to significantly reduce the disproportionate referral, removal, and restraint of disabled and Black disabled students from classrooms by reforming school district policies, implementing comprehensive training for school-based staff, and collecting and monitoring data. The school district must also establish a mechanism for community input in the process. A court appointed independent monitor, Dr. Jaime Hernandez, will oversee the reforms over a four-year term.
“Schools should be places of learning and growth, not policing,” said Malhar Shah, counsel for C.B. and attorney for the Disability Rights Education and Defense Fund. “This order recognizes the harm caused by the presence of law enforcement at schools and holds school districts accountable for inappropriately using school police to restrain and remove students from the learning environment.”
“The federal court took a significant step toward reducing the reliance on school police for managing disability-related behaviors that more appropriately call for services and support,” said Meeth Soni, also C.B.’s counsel and attorney with Disability Rights California. “By ensuring policy reform and training, the order is leading the way in creating a safer, more equitable environment for all students, especially those with disabilities.”
“The law protects students with disabilities from discrimination and mandates they receive fair treatment and the support they need to thrive academically and socially,” said Anna Rivera, also C.B.’s counsel and attorney with Barajas & Rivera APC. “The Court’s order is a crucial move towards equity and inclusion within our school systems.”
“There is no place in our society for the violent and racist behavior that forced us to bring this lawsuit,” said Dan Stormer, also C.B.’s counsel and attorney with Hadsell Stormer Renick & Dai LLP. “We believe that this will put other school districts on notice that courts will not condone such race-based mistreatment of persons with disabilities.”
Plaintiff C.B. is represented by Disability Rights California, Disability Rights Education & Defense Fund, Hadsell, Stormer, Renick, & Dai, LLP, and Barajas & Rivera, APC.
Media Contacts
Melody Pomraning, Melody.Pomraning@disabilityrightsca.org, (916) 504-5938
Tina Pinedo, media@dredf.org, (510) 225-7726
Dan Stormer, DStormer@hadsellstormer.com, (626) 585-9600 / (213) 361-7751
Anna Rivera, AR@barajasriveralaw.com (714) 443-0119