PITTSBURG, CA – Pittsburg Unified School District has agreed to a settlement that will protect Black students, children of color with disabilities and English learners from racial discrimination and disproportionate discipline.
Under the agreement, District officials committed to a plan of action that continues the District’s work to dismantle past practices that harmed historically marginalized students.
“Our Board of Education and I strongly believe that we must all stand together to intentionally and continuously identify, name, disrupt, dismantle, and replace barriers that prevent equitable access to education, especially for our historically marginalized students, including African American, English learner and special education scholars. We have been working intentionally on this, prior to the ACLU lawsuit. We are committed to the terms of this settlement which will promote the best educational outcomes for all of our scholars,” said Dr. Janet Schulze, Superintendent of the Pittsburg Unified School District.
On Sept. 13, 2021, two Pittsburg public school students, two parents of students and a teacher filed a lawsuit, Mark S. v. California, against the District in Contra Costa County Superior Court. It alleged that school officials maintained a special education system where Black students, children of color with disabilities and English learners were placed in substandard learning environments. It further alleged that Black students were subjected to unwarranted suspensions and expulsions at a rate that was disproportionate to their peers.
“Children should never face the discrimination, unfair treatment and injustice my daughter experienced,” said Jessica Black, a Pittsburg resident whose daughter attended district schools. “My hope is that this settlement paves the way for other students to receive the equal educational opportunities she deserved but was unjustly denied.”
The highlights of the agreement include:
- The District will hire two independent experts to address allegations in the lawsuit regarding disproportionality in special education and discipline and deficiencies in the District’s special education early literacy curriculum.
- Dr. Mildred Browne, an educator and psychologist, will determine whether disproportionalities exist in discipline and placement in special education and the root causes of any disproportionality that does exist.
- Dr. Linda Cavazos, an educational consultant, will evaluate the District’s Early Literacy Program for students in special education, with a focus on English Language Learners in special education.
- The experts will work with the District to develop plans to correct any identified disproportionalities or deficiencies, and the experts will monitor the District’s progress for four years.
- Bi-annual reports will be presented to Pittsburg Unified School Board and will be available to the public.
- District officials will send an annual notification to families detailing students’ rights to be free of discrimination. It will also give information about how to file a discrimination complaint and challenge a suspension.
The plaintiffs were represented by the ACLU Foundation of Northern California, the ACLU Foundation of Southern California, Disability Rights Education & Defense Fund, and Steptoe LLP.