MALDEF LAWSUIT AGAINST MICHIGAN COMPANIES FOR IMMIGRANT LABOR VIOLATIONS CONTINUES AS PLAINTIFF GRANTED CLASS CERTIFICATION

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.

MALDEF FILES SUIT AGAINST UNIVERSITY SYSTEM OF GEORGIA FOR DENYING DEFERRED ACTION STUDENTS IN-STATE TUITION

ATLANTA, GA – Today, MALDEF, along with local counsel Horsley Begnaud, LLC, filed a federal-court lawsuit against the University System of Georgia, challenging a policy denying in-state tuition to individuals lawfully present as recipients of deferred action from the United States government. The lawsuit alleges that the University of Georgia System’s practices violate the Supremacy and Equal Protection clauses of the U.S. Constitution. The Defendants are the Board of Regents members and the University Presidents.

COURT ALLOWS DISCRIMINATION SUIT AGAINST KERN COUNTY OFFICE OF EDUCATION TO PROCEED

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.

ACCESS TO IN-STATE GRANTS FOR TEXAS IMMIGRANT YOUTH SECURED AS SUIT DISMISSED

HARRIS COUNTY, TX – Late last week, in a resounding victory for Texas students, anti-immigrant advocates dropped a lawsuit that sought to deny state college aid to undocumented youth. In Immigration Reform Coalition of Texas (IRCOT) v. Texas, IRCOT asked the court to strip immigrant students of their right to access in-state tuition and grants, despite a Texas law (HB 1403) that provided for educational access to all Texas students, regardless of immigration status.

MALDEF AND TUCSON UNIFIED SCHOOL DISTRICT AGREE ON PROPOSAL TO GIVE MAGNET SCHOOLS NEEDED SUPPORT AND TO DEFER ANY WITHDRAWAL OF MAGNET STATUS

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.

EXPERT HIRED BY KERN HIGH SCHOOL DISTRICT FINDS EVIDENCE OF BIAS AGAINST AFRICAN AMERICAN 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.

MALDEF SUPPORTS LEGISLATION INTRODUCED TO HELP FIX UNCONSTITUTIONAL TEXAS SCHOOL FINANCING SYSTEM

AUSTIN, TX – MALDEF strongly supports a bill introduced late last week by Texas State Representatives Armando Walle and Mary Gonzalez, HB 3671, the only comprehensive school finance bill filed during the 84th Texas Legislative Session. MALDEF, Intercultural Development Research Association, and The CPPP (Center for Public Policy Priorities) served as a resource to Reps. Walle and Gonzalez on the bill. This legislation aims to bring Texas closer to realizing equitable and adequate educational opportunities for all Texas students than ever before and reduce inefficiencies in the school finance system.

NINTH CIRCUIT REAFFIRMS MALDEF DESEGREGATION TRIUMPHS IN TUCSON, ARIZONA

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 COURT DECLARES EDUCATION A FUNDAMENTAL RIGHT AND ALLOWS LANDMARK EDUCATION CASE TO MOVE FORWARD

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.

CIVIL RIGHTS GROUPS SEEK TO COMPEL KERN HIGH SCHOOL DISTRICT TO ELIMINATE DISCRIMINATORY SUSPENSION AND EXPULSION POLICIES

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.

TRAVIS COUNTY DISTRICT COURT DECLARES CURRENT TEXAS SCHOOL FINANCE SYSTEM UNCONSTITUTIONAL–AGAIN

AUSTIN, TX – Today, Travis County District Court Judge John K. Dietz issued his final judgment, declaring the current Texas school finance system inadequate, unsuitable, and inequitable for Texas school children under Article VII, Section 1 of the Texas Constitution, and in violation of the prohibition on a state ad valorem tax under Article VIII, Section 1-e. “Rather than attempt to solve the problem, the State has buried its head in the sand, making no effort to determine the cost of providing all students with a meaningful opportunity to acquire the essential knowledge and skills reflected in the state curriculum and to graduate at a college- and career-ready level,” Judge Dietz stated in his scathing rebuke of the school system. This long-anticipated ruling follows a three-week hearing earlier this year after Judge Dietz reopened the evidence in the wake of statutory changes made to the public education system during the 2013 Legislative session. On February 4, 2013, he issued a similar ruling from the bench following a three-month trial.