ACLU Protects Native American Children in Landmark School Settlement

Facing civil rights violations and a potentially costly legal battle, Bishop Union Elementary School District (BUESD) agreed to a groundbreaking settlement that will protect Native American children from racial discrimination and harsh disciplinary treatment. Bishop, located in the eastern part of the state, has a population of about 3400, with 1500 members of the Paiute Tribe living on a nearby reservation.

The ACLU of Northern California and the law firm Morgan, Lewis & Bockius LLP had worked for nearly two years with parents and the school district, before reaching the negotiated settlement agreement on September 12, 2007.

The new BUESD Superintendent, Barry Simpson said “I’m pleased to be a part of a settlement agreement that creates a positive result for the students in our school district. Resources that would have been expended in litigation can now go to building programs that will ensure a safe learning environment for all students.”

The ACLU-NC began its investigation into school practices after receiving reports from parents regarding an incident on October 11, 2005. On that date, a School Resource Officer (SRO) physically harmed several Native American students and threatened others, causing one to lose consciousness. The Vice Principal at the time relied only on the officer’s account, and suspended the students involved.

As a result of this incident, in April of 2006, the ACLU-NC filed Public Records Act requests with BUESD.

“What we found, among many other things, is that the October 11 incident was not isolated. It formed part of a long history of harsh disciplinary treatment against Native American students by school officials,” said Steele. “We found that for the school years 2000-2006, while Native American students were about 17% of the student population, they were almost 67% of those suspended for being ‘disrespectful/argumentative.’ In other words, they were suspended at roughly four times their percentage of the population.”

Nicole A. Diller, partner at Morgan Lewis, and cooperating attorney said, “We are pleased the new superintendent was willing to negotiate and seek the best possible outcome for his students, avoiding years of protracted litigation and legal fees. The entire community of Bishop will benefit from his commitment.” Andrew C. Sullivan of Morgan Lewis was also part of the legal team that negotiated the settlement.

Jory Steele, staff attorney with the ACLU-NC added: "We think this settlement is a model for other public schools in California that are committed ensuring equal educational opportunities for all students.  This settlement will ensure that Native American children in Bishop will be able to learn and grow in a safe environment.”

The negotiated settlement was reached without litigation, will remain in force until 2012,  and is enforceable in court. Highlights of the settlement include:

• Removal of the School Resource Officer at all the District’s schools.
  
• Staff Development. Implementation of a professional development program for all staff including instruction on how to properly implement the District’s anti-discrimination and harassment policies, to increase respect for different cultures, and to implement culturally appropriate curriculum change.
  
• Student Development. To provide instruction for students designed to facilitate their understanding of and respect for students from all cultural backgrounds, and to integrate conflict resolution and curriculum change into students’ daily lives, including those students in continuation schools.
  
• Statistical Reporting and Evaluation. To maintain data regarding school discipline based on race and grade, as well as a written record of complaints of physical and verbal harassment or discrimination of students.
  
• Expungement of Records.  To expunge the improper suspensions of our clients.

The grandmother of a 13-year-old boy who was thrown to the ground by the SRO on October 11 and taken to the police department, said she hopes that this settlement will ensure a better future for her four-year-old son.  “I hope this settlement will provide the positive learning environment that every child deserves,” said Carolyn Stone.