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Complaint Filed Against Oakland Unified for “System-wide Violations of Rights of Children with Disabilities”

Published

10 years ago

May 22, 2015

Disability Rights of California has filed a complaint against the Oakland Unified School District (OUSD) on behalf of the district’s special education students, alleging that “OUSD’s policies and practices result in system-wide violations of the rights of children with disabilities under the federal Individuals with Disabilities Education Act (IDEA),” according to the nonprofit agency.

“Weare moving forward. We asked the state for a mediation process to resolve the complaint, and the state has assigned a mediator,” said Maggie Roberts, associate managing attorney at the disability rights agency, which receives federal funding to advocate for the rights of people with disabilities.

The agency is representing 10 named students with disabilities and a class of all special education students in the district. The complaint was filed in March with the California Department of Education.

The complaint alleges systemic failures that include not providing qualified staff; not offering special education programs and services based on disability related needs; and not providing or even budgeting funds to provide individualized accommodation such as curriculum modifications and behavioral supports to students with disabilities in general education classrooms.

In addition, the district is not meeting the needs of Limited English families, lacking staff to provide interpretation and translation services to non-English language proficient parents, who receive documents and notices in English rather than their primary language;

Further, the district has failed to provide students with mental health or behavioral needs services in the required least restrictive setting and instead placing them in segregated environments, according to the complaint.

The complaint also says OUSD’s systemic noncompliance with IDEA has a disparate impact on students of color, especially Latino students whose families are not proficient in English.

Of 5,074 OUSD students in Special Education, 1,880 are Latino, and 2,072 are African American. Together, they make up they make up 78 percent in the district’s special education program.

According to the state, about 10 percent of California students receive special education services. Most common are specific learning disabilities, such as reading difficulties, which are connected to students falling severely behind in their classes. Second most common are speech and language impairments.

One of the named complainants, TA, is a nine-year old boy in the third grade with a developmental disability. Because OUSD did not provide TA with any services for the first seven weeks of this school year, and did not implement his legally required Individualized Education Program (IEP) during the last school year, TA’s mother requested a hearing, the complaint said.

As a result, OUSD agreed to provide the needed services. Four months later, it still has not provided TA with agreed upon services, including behavior support services, individual speech therapy, or a one-to-one aide in his classroom.

Instead, OUSD wants to move TA from his school and place him in a segregated nonpublic school, which would be his eighth placement since preschool, the complaint said.TA’s mother is frustrated by the district’s failure to assist her son, the complaint continues, quoting the child’s mother.

“My son has fallen far behind in school, and his behavior problems have gotten worse. Four months ago, the OUSD finally agreed to provide TA with all of the services he needs. OUSD is still not providing my son with what was agreed to. I don’t know what else to do to get the school district to give my son what he needs.”

According to Roberts, attorney at the agency, Disability Rights California usually files complaints on behalf of individuals. However, in this case, OUSD has long-term violations that are systemic, and district fails to implement changes even after hearings where they promised to institute remedies.

“This is unprecedented,” said Roberts in an interview with the Post, explaining that the agency has asked the state to become involved.

“The state (Department of Education) is ultimately responsible for implementing federal and state laws, and we wanted to make sure the state is aware, that even when cases went to complaint, OUSD didn’t implement settlement agreements.”

Roberts continued, “This is a problem that has been around for a long time. They have found ways to limit the programs. They do not offer services or have plans in place to deliver services.”

As a result of failure to offer adequate services, many of Oakland’s special education students drop out of school or barely graduate. “Many don’t go on to college or community college because they’re not equipped for that,” she said.

There are special education programs that exist, which OUSD could offer, that provide the latest computer technology and teachers equipped with up-to-date teaching methods.

In these programs, children of parents – particularly more affluent parents – do better in school and often go on to college.

“If the state does not do something to do to fix (these issues), and the district doesn’t do anything, then we will we will consider litigation,” said Roberts.

OUSD is well aware of these issues, she said. A 2013 report commissioned by OUSD found widespread deficiencies in its special education program, and is available at www.ousd.k12.ca.us/SpecialEdAssessment

A copy of the complaint is available at www.disabilityrightsca.org/advocacy/documents/VariousComplianceComplaintToCDEMarch162015.pdf

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Oakland Post: Week of December 11 – 17, 2024

The printed Weekly Edition of the Oakland Post: Week of December 11 – 17, 2024

Published

2 days ago

December 13, 2024

Oakland Post

To enlarge your view of this issue, use the slider, magnifying glass icon or full page icon in the lower right corner of the browser window.

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Post News Group to Host Second Town Hall on Racism, Hate Crimes

The mission of CRD is to protect the people of California from unlawful discrimination in employment, housing and public accommodations (businesses) and from hate violence and human trafficking in accordance with the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, Disabled Persons Act, and Ralph Civil Rights Act. The employment anti-discrimination provisions of the FEHA apply to public and private employers, labor organizations and employment agencies. “Housing providers” includes public and private owners, real estate agents and brokers, banks, mortgage companies, and financial institutions.

Published

5 days ago

December 10, 2024

Oakland Post

By Oakland Post Staff

On Tuesday, Dec. 10, from 5-6:30 p.m. PT, Post News Group Global Features Journalist Carla Thomas will host a second Virtual Town Hall on Racism.

Guests will include community builders Trevor Parham of Oakstop and Shawn Granberry of Hip Hop TV.

“There’s been an uptick of blatant racist acts going on in the community and it’s important for communities to have a forum, an outlet, and to be educated on the California Vs. Hate initiative that has resources available for victims and witnesses,” said Thomas. People like Trevor Parham and Shawn Granberry have found a multitude of ways to strengthen, heal, and protect the community through their entrepreneurial networks, special events, and mentoring.”

While community leaders step up, the state has added extra support with the CA vs. Hate, initiative, a non-emergency hate incident and hate crime reporting system to support individuals and communities targeted for hate.

“We are committed to making California a safer and inclusive place for all,” said James Williams, Jr. of the California Civil Rights Department.

In partnership with organizations across the state, the network is designed to support and protect diverse and underserved communities.

“Through CA vs. Hate, we support individuals and communities targeted for hate, identify options for next steps after an act of hate, and connect people with culturally competent resources and care coordination services,” said Williams.

“It’s important to report these incidents in order for us to use the data to enhance prevention and response services,” said Williams.

Funded by the California State Legislature, the California Civil Rights Department (CRD) received funding and authorization from the State Legislature to establish the non-emergency, CA vs. Hate Resource Line and Network to support individuals and communities targeted for hate.

CRD began in 1959 with the creation of the Fair Employment Practices Commission to implement California’s first state-wide protections against discrimination in the workplace. In 1980, the 1959 Fair Employment Practices Act, and the 1963 Rumford Fair Housing Act were combined and rebranded FEHA. The Fair Employment Practices Commission became a department-level agency named the Department of Fair Employment and Housing (DFEH) to enforce that law.

In July 2022, DFEH’s name changed to CRD to more accurately reflect the Department’s powers and duties, which include enforcement of laws prohibiting hate violence, human trafficking, discrimination in business establishments, and discrimination in government-funded programs and activities, among others.

For more information visit the PostNewsGroup.com and CAvsHATE.ORG.

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Butler, Lee Celebrate Passage of Bill to Honor Congresswoman Shirley Chisholm with Congressional Gold Medal

“Shirley Chisholm lived an honorable life of service and was a trailblazer who opened doors for generations of Black women and opened the imagination of what leadership looked like for our entire nation,” said Butler. “Her extraordinary contributions to American history and progress deserve recognition, and today I am proud to stand with my colleagues in both chambers and on both sides of the aisle to have taken this step to celebrate her legacy, ensuring that future generation of leaders never forget her courage, sacrifice, and patriotism.

Published

5 days ago

December 10, 2024

Oakland Post

By U.S. Senator Laphonza Butler
Special to The Post

U.S. Senator Laphonza Butler (D-Calif.) and U.S. Representative Barbara Lee (D-Calif.-12) celebrated the passage of bipartisan legislation to honor the life and work of the late Congresswoman Shirley Chisholm, the first Black woman elected to Congress in 1968.

The Shirley Chisholm Congressional Gold Medal Act would instruct Congress to posthumously endow Chisholm with a Congressional Gold Medal – the highest award Congress can bestow – in commemoration of her accomplishments, activism, and legacy.

The Shirley Chisholm Congressional Gold Medal Act was led in the House by Congresswoman Lee, Congressman Byron Donalds, Leader Hakeem Jeffries, Congresswoman Maxine Waters, and Congresswoman Yvette Clarke. The Senate companion to the bill was introduced by Butler and Georgia Senator Raphael Warnock.

The Congressional Gold Medal serves as the nation’s highest expression of gratitude for distinguished service and achievements, and I see no one more deserving than Shirley Chisholm,” said Lee. “It is critical for the next generation of leaders to see the first Black woman elected to Congress get the recognition that she deserves.

“Congresswoman Chisholm made history as the first Black woman elected to the United States Congress and the first Black woman to run for President of the United States. To Mrs. C, thank you for being unbought and unbossed, for paving the way, and for being a catalyst for change,” Lee said.

During her seven terms in the U.S. House of Representatives, “Fighting Shirley” introduced 50 pieces of legislation and was a champion for racial and gender equity, low-income communities, and the end of the Vietnam War.

In 1972, Chisholm became the first woman and Black candidate to seek the nomination for president of the United States from one of the two major political parties.

After a lifetime of service, Shirley Chisholm died at the age of 80 in Ormond Beach, Florida, on New Year’s Day 2005. Nov. 30, 2024, would have marked Chisholm’s 100th birthday. Chisholm’s motto, “Unbought and Unbossed,” embodies her unwavering advocacy for women and minorities, which defined her remarkable career and inspired future generations of leaders.

After passing the House and Senate with significant bipartisan support, the Shirley Chisholm Congressional Gold Medal Act will head to President Biden’s desk for a signature.

“Congresswoman Shirley Chisholm broke barriers for Black women, Black Americans, and anyone who refuses to be confined by injustice. As an educator, trailblazing public servant, and presidential candidate, she fought for an inclusive democracy that lives up to our nation’s highest ideals of equity and justice under law,” said Warnock. “I am proud to have passed this bill alongside Senator Butler to honor Chisholm’s legacy with a Congressional Gold Medal, and I will continue working to carry on her fight through my work in the Senate.”

“Shirley Chisholm was a pioneering figure in American politics, serving as a source of inspiration for millions throughout our country,” said Senator Susan Collins. “I am proud to join this effort to recognize her historic contributions to our nation.”

“Shirley Chisholm broke barriers as the first African American woman elected to Congress, paving the way for future generations of women leaders,” said Nevada Senator Cortez Masto. “I’m proud I helped pass this bill in the Senate to honor her legacy and continue the fight for representation and opportunity for everyone across the country.”