Black students with disabilities who attend public schools in Sacramento will receive more support to remain in class with their peers thanks to a settlement between a nonprofit and the school district.
In September 2019, the Black Parallel School Board and three students filed a lawsuit against the Sacramento City Unified School District on behalf of all students with disabilities. The lawsuit claims the District discriminated against these students based on disability and race.
The lawsuit addresses these problems:
This lawsuit is also against Superintendent Jorge A. Aguilar and others responsible for the District.
Case Name: Black Parallel School Board, et al. v. Sacramento City Unified School District, et al.
Case Number: 2:19−CV−01768−TLN−KJN
Black students with disabilities will be integrated with their non-disabled classmates.
Practices that unfairly impact Black students with disabilities will be minimized.
Black students with disabilities will face fewer suspensions.
The settlement will enforce their civil rights to attend school without exclusion.
The lawsuit will expose discriminatory practices that affect these students.
The selection of an independent monitor will ensure adherence to the action plan
A reliable data collection system will measure progress toward required improvements.
Changes in policies and practices will benefit more than just Black students with disabilities.
Read the information below about the timeline for the district’s obligations and the independent monitoring spelled out in the lawsuit.
60 days/2 months from DATE District shall submit “Resolution of the Rights of Students with Disabilities to a Quality and Inclusive Education” to SCUSD Board of Ed.
90 days/3 mos. from DATE, District shall establish a procedure for regular review of data at individual school sites
120 Days/3 months from DATE, District with Plaintiff hold Town Hall for community re Settlement
Also, 120 Days/3 month from DATE, District shall continue to make Crisis Prevention Intervention non-verbal de-escalation trainings available to staff to address and reduce use of restraint and seclusion.
45 Days from Date, Parties Select an Independent Monitor.
Within 30 days of Independent Monitor Selection, District enters a services contract with Independent Monitor.
Independent Monitor has 60 Days/2 Mos. to develop an “Action Plan” for implementing changes in District’s current Special Education and Discipline Systems.
Parties have 60 days to review Independent Monitor’s Action Plan and agree on a Final Action Plan.
Independent Monitor oversees the implementation of the Final Action Plan for 5 YEARS from DATE.
Independent Monitor (“IM”) will be an expert with substantial experience in creating programs, systems, and policies for public school districts that protect the educational and constitutional rights of students with disabilities and Black students with disabilities and reduce disability discrimination and race discrimination in the school setting.
For students with disabilities, the IM’s Action Plan will focus on
SUBSTANTIAL REDUCTION OF:
Disciplinary Referrals incl. informal suspensions
Placement in Segregated Settings
Disproportionate placement of Black students with disabilities in segregated settings
Incidence in bullying and harassment
Over-identification of Black students for special education
Under-identification of Black students for special education
Overall use of restraints and seclusion
IEP meetings, development, and processes that:
The proper ratio of school psychologists to students to support proper behavior interventions and support services for students with disabilities.
Substantial reduction in the overall use of and disproportionate use of restraints and seclusion for students with disabilities and Black students with disabilities.
If you believe that your child’s rights are being violated, you may file a complaint.
If you need help advocating for your child, contact the following organizations: (DRC, CAC, or BPSB)
For more information about the settlement, you can download the Settlement Details.
Do you have a question about your child’s special education? Do you want to learn how to better advocate for your child’s special education needs?
Virtual clinic appointments are available in February, March, April, May, and June.
Receive a free 90 minute appointment with a special education attorney to talk about your child’s special education
Get an electronic resource packet filled with information that can help empower you to better advocate for your child’s special education
Learn about your rights, your child’s special
education rights, and strategies to assert
those rights during IP meetings