CRESCENT CITY—The Del Norte County Unified School District reached an agreement with the ACLU of Northern California designed to ensure that its schools provide a more welcoming and inclusive environment for students of all backgrounds, particularly Native American students. The agreement, which was ratified at the April 30 school board meeting, sets forth a series of steps the District will undertake to further meet the needs of Native American students, as well as all other students in the District.  Attorneys with the law firm of Covington & Burling, LLP worked with the ACLU on a pro bono basis.

The agreement outlines a number of initiatives the District will employ, including provisions for refining disciplinary procedures and policies, providing professional development for staff members regarding understanding and responding to cultural differences, and updating school curricula to include Native American history and culture, with a particular emphasis on the local Yurok Tribe. Well before the agreement was formalized, the District had been taking steps to put such programs and policy changes in place.

The ACLU and the District began working with one another to reach the agreement after the ACLU brought a number of concerns to the District's attention, including disparities in the rates that Native American students in District schools were disciplined and allegations of racial harassment of Native American students by their peers and teachers.

"The District and the ACLU have agreed that it is in the best interest of the District's students and the surrounding community to work together to continue to improve policies and practices for all of our students—particularly our Native American students and especially the Yurok and Tolowa tribes —and to resolve concerns willingly," said Del Norte County Unified School District Superintendent Jan Moorehouse.

"The District's pro-active response to the concerns we highlighted, combined with the newly-agreed upon plan to resolve them, are significant steps toward improving the educational experience and outcomes for all Del Norte County students, and Native American students in particular," said Jory Steele, Managing Attorney at ACLU of Northern California. "It is our hope that all students in the District will soon reap benefits from the initiatives outlined in the agreement, and we look forward to continuing to work with the District to achieve that end."
 
In a review of documents made available by the District, the ACLU determined that from 2002-2007 Native American students in the Del Norte County Unified School District were disproportionately suspended and expelled from school. From 2003-2005 for example, Native American students made up approximately 14% of the District's student population, but District records show they accounted for 25% of the suspensions and expulsions. The California Healthy Kids Surveys indicated that some District students reported experiencing high levels of racial harassment from their peers.  Some Native American students also told the ACLU that they had been taunted with names such as "squaw," and that in at least one class, there was a report that Native American students had been assigned seats in the back of the classroom.

"Under California law, school districts have an affirmative duty to ensure that all schools are free from harassment and discrimination. It is also their responsibility to ensure that students of all backgrounds are given the same opportunities to learn and to thrive," said Don Brown, Managing Partner at the firm Covington & Burling LLP.

Leaders within the Yurok Tribe are also committed to improving educational opportunities for all Native American students. Going forward, the District will continue working with the Tribe to create and implement culturally relevant curricula.

The binding agreement includes 5 years of monitoring, during which the ACLU and District will work together to help ensure that the reforms happen and are effective.

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