(SACRAMENTO) - After months of negotiations, the Black Parallel School Board (BPSB) and individual families have finalized a five-year plan that improves policies to ensure that students with disabilities, and particularly Black students with disabilities, are no longer subjected to unnecessary exclusion from integrated environments, among other resource and discipline inequities, within Sacramento City Unified School District (SCUSD).

The action plan is the result of a Settlement Agreement from a lawsuit, initially filed in 2019, that alleged flagrant district-wide discrimination against students with disabilities, especially Black students with disabilities. The suit, which was settled in May 2023, was brought by three students and the BPSB. Plaintiffs’ representatives include the Equal Justice Society (EJS), Disability Rights California (DRC), National Center for Youth Law (NCYL), and Western Center on Law & Poverty (WCLP).

The plaintiff families and BPSB lauded the finalized five-year action plan, which mandates that an independent monitor oversee the District’s improvements in special education and discipline systems.

“The journey has been long, but now we have a clear action plan aimed at improving the District’s programs,” the plaintiffs said in a joint statement. “The real work starts now to enforce the action plan and safeguard equal educational opportunities. This plan gives parents and advocates hope that the District is committed to meaningful changes that will enhance education for Black students, students with disabilities, and benefit all SCUSD students."

The detailed action plan requires the SCUSD to:

• Change District-wide policies, practices, and procedures harmful to students with disabilities and Black students with disabilities
• Stop bullying, harassment, segregation, and unlawful discipline of students with disabilities and Black students with disabilities
• Comply with state and federal law for Individualized Education Programs (“IEPs”), assessments, and providing supports and services
• Recruit specialized Special Education staff, and train all staff on implicit bias and best practices
• Transform District school culture from punitive to holistic and restorative
• Collect and monitor data to make sure change is occurring and will last

“This has been an arduous five-year journey, and the expectation is that SCUSD should hit the ground running, without further excuses and delays,” said Antoinette Dozier, an attorney with the Western Center on Law & Poverty.

As part of the agreement, SCUSD has committed to early milestones, as well as ongoing reviews over a five-year period to ensure that the issues raised in the 2019 lawsuit are addressed and remedied. The plan establishes accountability through detailed actions for positive change to benefit students with disabilities and their families — through parent communications, staff training, and systemic equity revisioning, among other goals.

The Issues

After a damning report on the state of the school district and its treatment of students with disabilities was released in 2017, little action was taken. The 2019 lawsuit highlighted a wide spectrum of issues. These included:

• Segregation of students with disabilities, especially Black students with disabilities;
• Failure to provide necessary services and supports 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.

The experiences of the three Black student plaintiffs included:

• When C.S. had disability-based behavior problems, the District shortened his school day, denying him valuable educational opportunities, and eventually suspended him entirely.
• When S.A. was called racial slurs, the District failed to respond meaningfully and also sent him home repeatedly for disability-based behaviors.
• When K.E. experienced homophobic, racial and disability-based harassment at his school, the District failed to address the toxic school environment and instead moved him to a segregated, non-public school, away from his peers and regular education programs.

For additional background on this and other student stories, see NCYL's 2019 press release.

Ongoing Monitoring

A key part of the action plan is an Independent Monitor, whose job it will be to ensure that SCUSD remains focused on doing what’s right for students with disabilities, and Black students with disabilities in particular. The monitor is responsible for ensuring adherence to the implementation plan and intervening when the District fails to meet its obligations or measurably falls behind.

“We’re interested in maintaining a collaborative relationship with SCUSD, and the expectations are that they should fulfill their roles,” said Meeth (Munmeeth) K. Soni, Litigation Counsel for Disability Rights California. “Ensuring the success of the action plan will require diligent attention. It’s necessary.”

Added Gregory Peters, the assigned Independent Monitor with the San Francisco Coalition of Essential Small Schools (SF-CESS): “It is clear that there is overwhelming agreement and support for the outcomes outlined in this settlement across the board, with an explicit commitment to serving SCUSD’s students more equitably and prioritizing support for students with disabilities, Black students and Black students with disabilities. At the same time, ahead of us is extremely hard work that will be marked by struggles and growth for everybody. If successful, SCUSD will be able to transform itself and the outcomes and lives of students, especially those students consistently facing systemic barriers.”

Community Sessions

The Black Parallel School Board will provide two community-wide informational Zoom sessions to assist families and others in reviewing the plan and ensuring that SCUSD remains on task to remedy its past behaviors. These meetings will be held Sept. 18 and Oct. 2.

“It’s vital that there is ongoing monitoring,” said BPSB Chair Darryl White. “The District needs to be held accountable for any deadlines or actions that need to be taken. The history of delays is realistic; we’re going to be vigilant.”

The online informational meetings will allow parents to gain a deeper understanding of what the plan means for students with disabilities. BPSB and other members of the Plaintiffs’ team will also be available to answer questions. Check the BPSB’s website at blackparallelschoolboard.com for updates and details on the meetings.

“We hope that families will attend these meetings and learn how they can help ensure that this action plan creates real change in SCUSD,” said Hong Le, Senior Attorney at the National Center for Youth Law.

Added Alexandra Santa Ana, Senior Attorney, Equal Justice Society: “The action plan holds the promise of transformative change for students with disabilities and Black students with disabilities in SCUSD, students who have been left out for far too long. We look forward to continuing to work with students and families to realize that promise so that every student can access the education they deserve.”

Media Contacts

Munmeeth (Meeth) Soni
Disability Rights California
(213) 213-8004
meeth.soni@disabilityrightsca.org

Antoinette Dozier
Western Center on Law & Poverty
(213) 235-2629
adozier@wclp.org

Willis Jacobson
National Center for Youth Law
(510) 421-3805
wjacobson@youthlaw.org

Founded in 2008, the Black Parallel School Board (BPSB) is a community-based membership organization that supports the educational growth and achievement of Black children, primarily those attending SCUSD. Go to their website at https://blackparallelschoolboard.com/ for additional information.

Through the lens of economic and racial justice, Western Center on Law & Poverty litigates, educates, and advocates in courts, cities, counties, the state Capitol, and the public arena to secure just housing, health care, economy, and equitable legal systems for Californians with low incomes. For more information, visit https://wclp.org/.

Disability Rights California is a nonprofit organization founded in 1978 that defends, advances, and strengthens the rights and opportunities of people with disabilities. Designated under federal law to protect and advocate for the rights of Californians with disabilities, DRC works to advance the rights of Californians with disabilities in education, employment, independence, health, and safety, and has grown into the largest disability rights organization in the nation. 

The Equal Justice Society (EJS) is a national legal organization focused on restoring Constitutional safeguards against discrimination. EJS addresses unconscious and structural bias by using social science, structural analysis, and real-life experience to remedy present-day discrimination, to ultimately transform existing racial bias within the law, social science, and the arts. Through partnering and collaborating with allies, the Equal Justice Society focuses on strengthening the progressive infrastructure around the country to combat inequality. For more information, go to https://equaljusticesociety.org/

Since 1971, the National Center for Youth Law (NCYL) has worked to amplify youth power, dismantle racism and other structural inequities, and build just policies, practices, and culture that center youth. With a mission to center youth voices and experiences, NCYL advocates through impact litigation, policy reform, collaboration and research to transform our nation's approach to education, health, immigration, foster care, and youth justice. Go to https://youthlaw.org/.