Court Cases Education

BERWYN, IL – A third-grade teacher who punished her students for speaking Spanish in her classroom has been reassigned just days after MALDEF contacted school officials about the incident.

DETROIT, MI – Yesterday, Judge Stephen J. Murphy of the U.S. District Court of the Eastern District of Michigan ruled that MALDEF’s lawsuit against Systems USA Inc. and Systems USA Consulting LLC for violating the Racketeering Influenced and Corrupt Organizations Act (RICO) should proceed as a class action. MALDEF’s lawsuit alleges that the companies recruited and enticed computer programmers to travel from Mexico to the United States for nonexistent jobs, and systematically defrauded the federal government to obtain visas for those individuals by representing that the companies would be employing the programmers once they arrived in the United States.

SAN ANTONIO, TX – MALDEF (Mexican American Legal Defense and Educational Fund) welcomes Texas House Speaker Joe Straus’ directive to his colleagues to review key aspects of Texas’ school finance system and to make recommendations that would improve its efficiency and educational quality.

BAKERSFIELD, CA – A ruling last week by the Kern County Superior Court denied the Kern High School District’s (KHSD) request to dismiss the discrimination lawsuit filed against it by Latino and Black students.

AUSTIN, TX – Today, in a disappointing blow to equal educational opportunity, the Texas Supreme Court reversed a 2014 trial court ruling that declared the current state school finance system constitutionally inadequate, unsuitable, and inequitable for Texas school children.

BAKERSFIELD, CA – On December 31, 2015, the Kern County Superior Court ruled that Latino and Black Plaintiffs may proceed against the Kern County Office of Education and Superintendent Christine Lizardi Frazier with their claims that the agency and Superintendent failed to take steps to ensure that students in the Kern High School District (KHSD) and alternative schools run by the Kern COE were not subjected to discrimination and denied equal educational opportunity. Parents and students enrolled in the Kern High School District and community activist organizations Dolores Huerta Foundation, National Brotherhood Association, and Faith in Action Kern County brought the action against the State as well as the Kern High School District and Kern County Office of Education; plaintiffs are represented by a coalition of civil rights legal advocates and pro bono counsel, including MALDEF, California Rural Legal Assistance, Inc., Equal Justice Society, and Greater Bakersfield Legal Assistance, Inc., and Wilson, Sonsini, Goodrich & Rosati.

TUCSON, AZ – On Friday of last week, a stipulation to provide Tucson Unified School District (TUSD) magnet schools needed support was filed in the historic desegregation case, Mendoza v. Tucson Unified School District. Under the court-adopted Unitary Status Plan (USP) developed by the parties and Special Master to resolve the 40-year old case, magnet schools are to strengthen their students’ academic achievement and increase integration. Following several magnet schools’ failure to meet integration benchmarks, MALDEF, together with co-counsel Lois D. Thompson, Partner at Proskauer Rose LLP, advanced a proposal to delay any recommendations of magnet status withdrawal and to have TUSD provide magnet schools with additional needed support, including financial support and the filling of teacher vacancies, to close the achievement gap between magnet schools’ white students and their Latino and African American students, and to improve recruitment of students.

BAKERSFIELD, CA – African American and Latino Plaintiffs suing Kern High School District and other state and county officials in a civil rights action were not surprised to hear that an expert, Dr. Jon Eyler, presented a report to the Kern High School District indicating that African American students are subject to double the rates of discipline as white students. The Discipline Analysis Report presented data about discipline and suspension rates Monday night at the Kern High School District board meeting.

LOS ANGELES, CA – Earlier this week, in two orders, the United States Court of Appeals for the Ninth Circuit reaffirmed steps taken to move toward favorable resolution of the historic desegregation case, Mendoza v. Tucson Unified School District (TUSD). Under the court-adopted plan to resolve the 40-year old case, TUSD must, among other things, implement culturally relevant courses at its schools. In two separate appeals, the Court denied the state of Arizona’s attempt to intervene in the case to challenge the implementation of the ethnic studies curriculum, and it denied TUSD’s attempt to circumvent District Court orders that expedite steps to eliminate segregation within the District. The case was filed by MALDEF in 1974 in federal district court in Tucson.

SANTA FE, NM – Yesterday, Judge Sarah Singleton, in the First Judicial District Court of New Mexico, rejected the State’s Motion to Dismiss in Martinez v. State of New Mexico, a case brought by MALDEF on behalf of parents and students who are low-income, English Language Learners (“ELL”), and/or receiving special education services. In this foundational case, the students charged the State with violating their fundamental right to a sufficient education, and their right to equal protection and due process of the law as required under the New Mexico Constitution.

BAKERSFIELD, CA – A coalition of civil rights legal advocates, including MALDEF, California Rural Legal Assistance, Inc., Equal Justice Society, and Greater Bakersfield Legal Assistance, Inc., today filed suit in Kern County Superior Court to compel Kern High School District (KHSD) to eliminate a variety of discriminatory disciplinary policies and practices that disproportionately impact students of color. The suit was filed on behalf of Latino and African American students and parents, as well as community members and community organizations, who have suffered the impacts of discriminatory expulsion and school assignment policies, and who have sought to bring equity to the KHSD system without success.