MARTINEZ, Calif (Feb. 27, 2018) – A state court has rejected the Antioch Unified School District’s (AUSD’s) attempt to renege on an agreement made with the East County NAACP to address federal civil rights and disability rights violations against African American students.
AUSD agreed in March 2015 to retain experts to investigate the District’s alleged discriminatory practices. The experts—chosen from the fields of school discipline, special education, and social psychology—were to make recommendations to address discrimination, which stemmed in part from implicit bias.
“After three more years of discrimination against students and not providing necessary special education services, Antioch Unified has spent taxpayer dollars trying to break their promises rather than investing those resources to fix the problem,” said Willie Mims of the East County NAACP. “East County NAACP will continue to fight for the protection and support of African American students held back by discrimination.”
African American students make up 26 percent of AUSD’s student population but are suspended 59 percent of the time and total 65 percent of all expulsions. African American students with disabilities are almost 12 times more likely to be suspended at least once, and over 13 times more likely to be expelled than White students without disabilities.
Although the District initially complied with its obligations under the agreement, it ultimately refused to move forward, and the experts were unable to complete their investigation or recommendations as a result. Attorneys for East County NAACP were forced to sue the District in July 2016 for breaking their promise.
On February 2, 2018, lawyers for the District argued before Contra Costa County Superior Court Judge Charles S. Treat that the interim settlement agreement was “invalid and cannot be enforced.”
On February 15, Judge Treat ruled in favor of East County NAACP, determining that “the District should not be permitted to avoid the Agreement simply because it has changed its mind.” The judge’s ruling clears the way for the case to go to trial October 2018.
The East County NAACP is represented by Disability Rights Education & Defense Fund (DREDF), Morrison & Foerster, the National Center for Youth Law (NCYL), and the Equal Justice Society (EJS).
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Contacts:
Lawrence Carter-Long, Disability Rights Education & Defense Fund, 510-644-2555 x5256
Allison Elgart, Equal Justice Society, aelgart@equaljusticesociety.org, 415-288-8708
Michael Harris, National Center for Youth Law, mharris@youthlaw.org, 510-835-8098 x3006
This school is an absolutely disgrace. They promote racism and bullying. Even if you address the issues their child is going through at school the staff laughs at you and the ppl that are supposed to do anything about it does nothing. NOTHING. if you keep your kids home to protect them from that school they will take your children from your home adding to the child’s trauma just so they can collect money for that that child’s attendance. They will denie you a school transfer if the budget yr is bad. They do not care for our children. Referring to our children as our students and us as guardians as if we aren’t their parents. Like we did not give birth to them. This school is disgusting and the whole campus is unsanitary.
It’s shameful that this school district operates with such discrimination towards special needs students based on their race and demonstrates such contempt for the law and the rights of these special needs students. AUSD district’s Board of Trustees, the Superintendent, and all the principals and teachers involved need to go.