Four Berkeley Unified School District (BUSD) students and their four parent representatives have filed a lawsuit against BUSD officials on the terms of civil rights violations and damages on behalf of Martin Luther King Jr. Middle School (MLK) seventh grade history, English, and English Language Development (ELD) teacher Yvette Felarca. The lawsuit alleges that students were interviewed during the school day by school district board members, attorneys, or officials. The lawsuit claims that the interviewers of the students committed acts of racial profiling and racial intimidation. The interviews were conducted as a part of an investigation of Felarca. The plaintiffs are seeking class action status on the counts of violations of California’s …show more content…
The rally was a counter-protest of a gathering of white supremacists, which resulted in a display of physical aggressiveness and violence. “I think the administrative leave that they placed me on was a continuation of the administration’s retaliation against me for the role I played in protesting the neo-Nazi’s and fascists in Sacramento” said Felarca. Felarca is a member of By Any Means Necessary (BAMN), a coalition that aims to defend civil rights relating to immigrant rights and equality. It is alleged by the lawsuit that during Felarca’s leave of absence, district officials, including Superintendent Donald Evans, attorney Marleen Sacks, and other members of BUSD’s Board of Education, questioned many of Felarca’s current and former ELD students. According to the lawsuit, the district interviewed 21 of her current 22 ELD students at MLK and two or more of her former students who currently attend Berkeley High …show more content…
The lawsuit alleges that, in addition to questions based on immigration and nationality, the defendants asked questions pertaining to their own political activities. The plaintiffs’ attorney and organizer for BAMN Ronald Cruz said, “The only reason they interrogated her was because they had showed up at a school board meet and had spoken in defense of Ms. Felarca.” Similarly, Felarca believes that the interrogations of the students are directly related to her own affairs with BUSD. Although none of the defendants are able to comment on the lawsuit, Leyva-Cutler said that “the district is a strong proponent of our individual and collective right to free speech, civil rights, and all protections as provided by laws governing schools.” The plaintiffs are fighting to reassure the rights of students, teachers, and parents to advocate for immigration rights. “We filed the lawsuit to send a strong message that it's unacceptable and to expose and uncover the political and racial discrimination that's coming from the district administration” said
• During the Catañeda vs. Pickard case a father claimed that his two children were not having their educational rights met at their school in the Raymondville Independent School District. The father, Mr. Catañeda, further stated that the Raymondville Independent School District was not providing a proper bilingual education program for his children.
The benefits of this decision is that Mrs. Kay Williams and the School Board along with the majority of the community and students will have their rights upheld as outlined in the First Amendment. Superintendent Noble will have “made a stand” as he stated in the newspaper article.
The court decided that the facts do not simply support the conclusion that the School District could have forecasted a substantial disruption of or material interference with the school as a result of J.S.'s, the perpetrator, profile. Under Tinker, therefore, the School District violated J.S.’s First Amendment free speech rights when they suspended her for creating the profile.
This decision led to them trying to recruit and maintain staff members who were African American and Latino parents. As a parent of four school aged African American students I commend them for taking the time and effort to consider this as a viable approach to bringing the school together as a cohesive community. Students who are a part of a school community that values the input of parents and had staff members who resembled them will in turn feel as if they have representatives who will consider their best
Assuming that the school district was not justified in its actions, does Susie have a claim under 42 U.S.C. § 1983?
The 20% of the students that chose Scott Magnet School were probably struggling to achieve, since the requirements were totally different. Additionally, the Hispanics were probably struggling in any school that they chose since the other schools did not had the experience or the programs that they needed as English Language Learners (ELL). Legal issues were probably active because of the ELL population as well as the unfair process of staffing the school. Also, if legal liability due to
A Civil rights lawyers field a lawsuit against school districts for discriminating against immigrant families trying to enroll their children in public schools. The American Civil Liberties (ACLU), the Education Law Center and a probation attorney for Pepper Hamilton LLP, handed the appeal to a federal law court in Pennsylvania on behalf of a group of 30 students. The complaints argue about discrimination denying older students their education and forcing them to look at alternative secondary schools. The group of students are between ages 17 to 21 who came to the United States for protection.
She worked as a reference librarian at Mississippi College School of law and later begin law practicing. Ice has knowledge of work labor laws in Mississippi that can clarify concerns for workers they may have. A worker asked Ice, "Last week I was fired from my job for no apparent reason. Is it legal for my employer to just fire me like that?" Ice responded that in most states employees, can be fired at any time for any reason. However, if the employer believes that the discharge was based on discrimination; Since there are no anti discrimination agency in Mississippi, Ice advise employers are able to file a viable complaint, regardless of immigration status, to the United States EEOC within 180 days to investigate. With Ice’s experts in law, she volunteers to be an attorney for the MIRA in 2001. She later became a staff member for MIRA in 2006 and created the MIRA Legal project that helped over 50 countries.
“The suit alleged that by using federal grants as an incentive for states to implement the standards, the Education Department is attempting to coerce states to implement Common Core in a violation of the 10th Amendment” (Kaplan, 2014, para 2).
The first appeals filed against this discriminatory bill began in October of 2010. The initial appeal was filed by 10 teachers, The director of the Mexican-American Studies program, and 3 students with their parents. Due to various circumstances however, Many of them dropped their appeals, or they were dismissed. Eventually there was only 1 student and their parent left. The judge ruled in favor of the plaintiffs, and decided to further appeal the case. The case eventually reached a federal court, reversing part of the ruling by the lower courts. The federal judge found that that the bill was created with the intention of targeting solely The Mexican-American Studies program, and so was partially unconstitutional. The final ruling on the matter by the federal judge affirmed part of the bill to be unconstitutional, however the ruling of the district court was upheld. Holding the bill as not “overboard”. The bill was sent back for review of the claim that the bill is
The battle of Mexican Americans to end oppressive practices quickened taking after World War II. In 1948, LULAC and the recently framed American G.I. Gathering, a backing gathering of Mexican American veterans, helped with a claim that eventuated in a government locale court choice disallowing school isolation in view of Mexican family line. Areas avoided the decision, be that as it may, and true isolation proceeded. In 1955, LULAC and the Forum started a suit dissenting the act of putting Tejano youngsters into independent classes for the initial two evaluations of school and requiring four years to contend these evaluations. Ed Idar of the Forum, in a meeting beneath, talked about this practice, which was at long last banned in 1957. Understudy dissents in the late 1960s—upheld and supplemented by another social equality association, the Mexican American Legal Defense and Educational Fund (MALDEF)— accomplished a conclusion to more unfair practices and the presentation of bilingual and bicultural programs into schools.
There most significant legal issue related to this case is that there is no clear definition as to what diversity, underrepresentation and an appropriate
We recently filed a lawsuit against the San Francisco Police Department and several individual officers on behalf of Travis Hall, a 23-year old Black college student who was unlawfully detained, arrested, and beaten by SFPD officers. After suffering multiple injuries, Travis was held
The Santa Fe School District has over four-thousand students, as a result there is quite a large school board that is the governing authority in that area. The school board enacted a policy that permitted students to say or give a speech before home varsity football games of their school. The policy was to be implemented as follows by the high school principal: “Each spring, the High School Student Council shall conduct an election via the student body to choose a student to deliver the address”. (Eilers, 2000) This policy was taken by families of Mormon and Catholic descent who started this litigation under a Temporary Restraining Order regarding graduation exercises and said that the school district was becoming pro- Baptist by encouraging membership in religious clubs, and showing prejudice towards all other minority religious beliefs. The allegations also stated, “They also alleged that the district allowed students to read Christian invocations and benedictions from the stage at graduation ceremonies and to deliver overtly Christian prayers over the public address system at home football games.” (Eilers, 2000) The case was argued March 29, 2000 and decided the following month in the Supreme Court of the United States. This situation presents an early
On Saturday, September 3rd, the Northside Bus Company in Jerome, ID confirmed to KTVB that bus driver, Mary Black, had been fired from their company. Black was fired after a video posted on Facebook displayed a confrontation between Black and a student on the bus. The student involved was eighth grader, Miguel Martinez. Black suspected Martinez of throwing a water bottle on the bus. As punishment, Black tried to take Martinez’ phone away, but, when unable to accomplish that, she decided to pour the water from the thrown water bottle onto Martinez. Black also demanded that Martinez only speak to her in English, not his native tongue of Spanish. Black can be heard on video saying, “I don’t understand Spanish. I’m not going to learn it. I live in America and it’s an English-speaking country. So if you want to