Martinez, California — On March 9, 2022, the Contra Costa County Superior Court issued a ruling confirming, as Plaintiffs argued, that the State of California has a duty to protect the right to a basic education for students of color, with or without disabilities, and fix racial segregation. The ruling also affirms, for the first time ever, that disabled students have a constitutional right to a Free and Appropriate Public Education (FAPE) on the state level. Previously this was expressed in statute only.
The ruling by the Contra Costa County Superior Court rejected arguments by the State of California and Pittsburg Unified School District that students of color with and without disabilities had no right to bring a lawsuit giving the Plaintiffs a green light to move forward with their lawsuit to hold the State of California accountable and to fix discriminatory educational practices at the school district level.
The ruling marks an important win for students of color with and without disabilities at Pittsburg Unified School District and throughout California, said Malhar Shah, Staff Attorney for the Disability Rights Education & Defense Fund. Were thrilled that this ruling will allow the Plaintiffs to move forward with their attempts to fix Californias broken monitoring system that has allowed discriminatory practices against disabled students at the Pittsburg Unified School District to fester for far too long.
Background:
On September 13, 2021, two students, two parents, and a teacher filed a claim in Contra Costa County Superior Court claiming that Defendants maintained a separate, unequal, and illegal educational system where Black students, children of color with disabilities and English learners were routinely segregated in substandard learning environments, excluded from classrooms altogether through the use of unwarranted suspensions and expulsions, and as a result, denied their constitutional right to a public education. The lawsuit was filed by the Disability Rights Education & Defense Fund, the ACLU Foundations of Northern and Southern California, and Steptoe & Johnson LLP.
The Defendants including California State Board of Education, State Superintendent of Public Instruction Tony Thurmond, the California Department of Education, the State of California, and Pittsburg Unified School District all sought to dismiss the lawsuit and evade their obligations.
For more information, or to arrange for an interview please contact DREDFs Director of Communications, Lawrence Carter-Long at LCarterLong@dredf.org
Additional Information:
Download the Complaint (PDF)
Final Order (March 10, 2022) (PDF)
Disability Rights Education & Defense Fund (DREDF) is a national, nonprofit law and policy center led by people with disabilities and dedicated to advancing and protecting the civil and human rights of disabled people. As a Parent Training and Information Center (PTI) funded by the US Department of Education, DREDF serves families of children with disabilities and disabled young adults in 33 California counties.
The ACLU Foundation of Northern California and ACLU Foundation of Southern California work to protect and advance civil rights and civil liberties for all Californians. We advocate for the rights of students in California to educational equity, particularly Black, Indigenous, and other students, including disabled students, who have traditionally have been marginalized and under-resourced.
Steptoe and Johnson LLP handles many pro bono matters that involve significant legal issues with far-reaching effects, such as race, age, gender, sexual orientation, and disability discrimination; human rights; freedom of speech; prisoners’ rights; and voting rights. We also assist local, national, and international nonprofit organizations that contribute to advances in fields like health, education, economic development, homelessness, and the environment. The firm likewise provides pro bono legal services to individuals in matters that include custody, adoption, domestic violence, guardianship, housing and homelessness, political asylum, immigration, education, consumer protection, public benefits, assistance to veterans, criminal records expungement, mental health, and tax.