Closing the Gap in Special Education for Black Students: 

A Path Forward

Action Plan to Overhaul SCUSD’s Discriminatory and Harmful Practices Against Black Students and Students with Disabilities

Sacramento City Unified School District – Black Parallel School Board 5-Year Action Plan

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.

SCUSD/BPSB Press Release

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:

  • Segregation of students with disabilities, especially Black students with disabilities;
  • Failure to provide necessary services and support to students with disabilities, especially Black students with disabilities;
  • Suspension of students for disability-based behavior, especially Black students with disabilities; and
  • Bullying and harassment due to students’ race and disabilities.

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

Co-Counsel: Equal Justice Society, National Center for Youth Law, and Western Center on Law & Poverty

Our Co-Counsel:

The 5-Year Action Plan to Overhaul SCUSD's Discriminatory and Harmful Practices Against Black Students and Students with Disabilities

Update: On September 5, 2024, the settlement’s Independent Monitor (IM) announced his Action Plan which lists out over 100 actions the District must do to stop the mistreatment and discrimination against Black students and Black students with disabilities and to improve educational outcomes for Black students and students with disabilities.

Goals of the 5-Year Action Plan

End Segregation

Black students with disabilities will be integrated with their non-disabled classmates.

Reduced harsh discipline

Practices that unfairly impact Black students with disabilities will be minimized.

Decreased suspensions

Black students with disabilities will face fewer suspensions.

Civil rights enforcement:

The plan will enforce their civil rights to attend school without exclusion.

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Discriminatory practices

The plan will address discriminatory practices that affect these students.

Independent monitor

The IM will monitor the plan for five years. 

Data collection

A reliable data collection system will measure progress toward required improvements. 

Widespread impact

Changes in policies and practices will benefit more than just Black students with disabilities. 

Learn About the Action Plan

Click the button below to read drop-down information about the SCUSD/BPSB Action Plan.

Summary of the SCUSD- BPSB Action Plan for Black Students with Disabilities 

This plan proposes a variety of changes for Black students with disabilities in the Sacramento City Unified School District (SCUSD), aiming to address issues of disproportionality in discipline, special education identification and services, bullying, and access to inclusive learning environments. Here’s a breakdown:

  1. Reducing Disciplinary Disproportionality: The plan seeks to significantly reduce the high rates of suspension, expulsion, and restraint experienced by Black students with disabilities. It recommends revising disciplinary policies and procedures to emphasize alternatives to exclusionary discipline, such as restorative practices. Additionally, it calls for mandatory training for staff on cultural proficiency, implicit bias, and de-escalation techniques to address potential biases in disciplinary responses. 
    1. Improving Access to Inclusive Environments: The plan aims to significantly reduce the segregation of students with disabilities, including Black students, by promoting more inclusive classroom settings. Key action items include:
    • Implementing the least restrictive environment (LRE) analysis process at every IEP meeting ensures that placement decisions prioritize the least restrictive setting appropriate for the student’s needs.
    • Providing professional development for all teachers on inclusive practices.
    • Establishing a framework and plan for developing fully inclusive schools.
    • Creating a district committee to develop standards for restructuring or closing fully segregated schools.
    • Setting a target that 50% of schools will have full inclusion co-teaching model programs by the end of the 2028–29 school year.
    1. Addressing Bullying and Harassment: While acknowledging the lack of specific baseline data on bullying, the plan acknowledges the higher rates of bullying reported by Black students and aims to create a safer and more supportive environment for all students, particularly those with disabilities. This involves:
    • Establishing a system to collect reliable and consistent bullying and harassment data, disaggregated by race and disability status, to identify and address disparities.
    • Reviewing and revising bullying and harassment policies, involving community input to ensure they are equitable and effective.
    • Developing a procedural manual to guide school staff on preventing and responding to bullying, emphasizing restorative practices.
    1. Addressing Over-Identification in Special Education: The plan recognizes the overrepresentation of Black students, particularly in categories like Emotional Disturbance (ED) and Other Health Impairment (OHI), as a sign of potential bias in the identification process. It proposes a multi-pronged approach to ensure equitable identification and assessment practices:
    • Revising policies and procedures to align with legal requirements and best practices, including enhanced translation and interpretation services for students and families who are not fluent in English.
    • Developing and implementing a Comprehensive Evaluation Process checklist to ensure a consistent and non-discriminatory evaluation for every student.
    • Increasing the availability of school psychologists and interpreters to ensure equitable access to assessments.
    • Creating a system to track and monitor instances where Black students are disciplined, transferred, or restrained, particularly those identified with ED, to evaluate the appropriateness of services and supports provided.
    1. Enhancing Communication and Family Engagement: Recognizing the importance of family and community engagement, the plan proposes:
    • Creating a Special Education Policy and Procedures Guide written in plain language and translated into multiple languages to improve accessibility for parents and families.
    • Establishing parent/family liaisons to build stronger relationships with families of students with disabilities.
    • Post a multi-lingual hotline for parents, students, and staff to report implementation issues related to the action plan.

    If you have a question or concern regarding the SCUSD Action Plan, please contact the Sacramento City Office of Independent Monitor at (916) 244-3363 via email at jhernandez@scoim.com.

    Your child has the right to… 

    Attend school in the least restrictive setting, and in inclusive and integrated classroom settings with their peers
    • Substantial reduction in the placement of students with disabilities in segregated settings.
    • Substantial reduction in the placement of Black students with disabilities in segregated settings and in their high rate of segregated placement compared to their peers.
    • Substantial increase in the placement of students with disabilities, in particular Black students with disabilities, in inclusive and integrated classrooms, schools, and school settings in the Least Restrictive Environment.
    Attend school safely, without facing harassment or bullying
    • Substantial reduction in incidence and rate of bullying and harassment of students with disabilities and Black students with disabilities.
    • Improvement in the implementation of school safety plans.

     

    Fair disciplinary policies
    • Substantial reduction of disciplinary referrals, including informal suspensions of students with disabilities and Black students with disabilities.
    • Substantial reduction in the high rate of discipline of students with disabilities and Black students with disabilities compared to their peers.
    Have an IEP process that allows their parents and caregivers to fully participate and obtain the supports and services that each child needs

    IEP meetings, development, and processes that:

    • Are more transparent and accessible. 
    • Involve parents, guardians, and where appropriate, students as equal participants in the district.
    • Include a decision-making process and checklist geared toward placement in the Least Restrictive Environment and high academic standards.
    • Include District staff who know about and have the authority to identify and allocate appropriate programs, services, supports, and placement for students with IEPs.
    Receive behavior supports and services so that they can participate in class and school activities

    The proper ratio of school psychologists to students to support proper behavior interventions and support services for students with disabilities.

    Have their behavioral needs identified and met in school so that they can fully and completely participate in school activities
    • Timely and appropriate Functional Behavioral Assessments (gathering relevant information about a student’s behavior to design effective behavior support).
    • Development and implementation of Behavioral Intervention Plans (a proactive action plan to address a student’s challenging behavior that is a barrier to that student’s learning or the learning of others
    Have their learning and behavioral needs identified and assessed in a timely manner
    • District compliance with the obligation to refer students suspected of having a disability for special education assessment in a timely manner.
    • Analysis of whether the use of Student Study Teams is effective.
    Attend school without the fear of unnecessary restraints or seclusion

    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.

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    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?

    If you have a question or concern regarding the SCUSD Action Plan, please contact the Sacramento City Office of Independent Monitor (916) 244-3363 or email jhernandez@scoim.com.

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    The Black Parallel School Board (BPSB) is a community organization developed to work parallel to the Sacramento City Unified District Board of Education. Its major responsibility is to support the educational growth and achievement of Black students.

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    4625 44th Street, Rm 5, Sacramento, CA 95820

    (916) 484-3729

    (916) 453-0622

    info@blackparallelschoolboard.com