2019
Black Parallel School Board et al. v. Sacramento City Unified School District
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:
- 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:
What The Agreement Accomplishes
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 settlement will enforce their civil rights to attend school without exclusion.
Discriminatory practices
The lawsuit will expose discriminatory practices that affect these students.
Independent monitor
The selection of an independent monitor will ensure adherence to the action plan
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 Settlement Agreement Triggers
Read the information below about the timeline for the district’s obligations and the independent monitoring spelled out in the lawsuit.
District Obligations
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.
Independent Monitoring
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.
The Role of the Independent Monitor (IM)
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
Improving Compliance With Laws Requiring:
- Placement in the Least Restrictive Environment that is inclusive and integrated classrooms, schools, and school settings
- Child Find obligations and appropriately and timely identifying Black students with disabilities without over-identifying or under-identifying
- Timely special education assessment of students suspected of having a disability
- Timely and appropriate Functional Behavioral Assessments
- Developing and Implementing Behavioral Intervention Plans
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)
For more information about the settlement, you can download the Settlement Details.
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