Facts

The ACLU and Morgan Lewis conducted an investigation on behalf of parents of children of American Indian descent in connection with bias claims involving Bishop Union Elementary School District. The investigation found that between 2000 and 2006, American Indian students were disciplined at much higher rates than other students. Although American Indians made up only 17 percent of the student body, they constituted 67 percent of suspensions for subjective offenses such as "defiance" or "being disrespectful/argumentative."

Students were also suspended for minor infractions such as dress code violations, candy in class, gum and tardiness, although California's Education Code establishes suspension as a last resort. The ACLU and Morgan Lewis found that American Indian students were suspended at roughly four times the rate of their white counterparts.

The ACLU and Morgan Lewis claimed that these repeated suspensions forced some American Indian students to attend continuation school, which deprived them of educational opportunities. During 2005-2006, half of the sixth grade's American Indian students were suspended from the mainstream public schools, as well as seven out of 26 of the eighth graders.

School officials denied liability and said discipline wasn't used in a discriminatory way but that there was always room for improvement. The school district agreed to a voluntary settlement agreement aimed at addressing the situation.

Result

Settlement with Bishop Union Elementary School District whereby: (1) School Resource Officer (SRO) will not be reinstituted unless a majority of the Board of BUESD determines that the presence of an SRO will materially improve safety; (2) a professional development program for all staff on how to properly implement anti-discrimination and harassment policies; (3) instruction designed to facilitate understanding and respect for students of all cultural backgrounds will be provided; (4) data regarding school discipline based on race and grade as well as written record of complaints of physical and verbal harassment and/or discrimination will be maintained; and (5) improper suspension of the students will be expunged. This settlement was reached without litigation, will remain in force until 2012, and is enforceable in court.