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  • rcs101@att.net
    --Kevin: Below is a short summary about the lawsuite for your information and others who was asking questions last night: Challenge To School District’s
    Message 1 of 3 , Oct 6, 2005
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      --Kevin:

      Below is a short summary about the lawsuite for your information and others who was asking questions last night:


      Challenge To School District�s Disciplinary Policies Filed: With pro bono assistance from

      Gibson, Dunn & Crutcher (Fred Chung, Sally Berens, Christine Chobot, and Alexa Green),

      LCCR and Legal Services for Children have recently filed suit challenging the denial by West

      Contra Costa Unified School District (WCCUSD) of due process in student discipline. State

      law sets forth a detailed process that school districts must follow in order to expel, or otherwise

      discipline students. In recognition of the critical importance of education, these laws are

      designed to ensure that students are not wrongfully expelled or kept out of school for lengthy

      periods during the disciplinary process. Unfortunately, WCCUSD consistently fails to follow

      the required procedures, denying students their right to an education and to due process. In

      particular, the District makes extensive use of what it calls �administrative disciplinary transfers�

      � a process not authorized anywhere in state law. For example, J.P. is an eight year-old

      third grade student, who was removed from elementary school last fall, purportedly for hurting

      another student. Yet no evidence of injury was ever presented, and J.P. and his family disputed

      the District�s allegations. Nonetheless, without any hearing or other chance to meaningfully

      challenge the accusation, the District kept J.P. out of school for nearly six weeks, far longer than

      state law allows. The District then involuntarily transferred him to a non-comprehensive school

      far from his home. J.P. is one of several plaintiffs in the recently-filed lawsuit, which asks for

      an order enjoining the District�s illegal practices and for compensatory education for students

      wrongfully kept out of school.



      See http://www.lccr.com/vfjsummer05.pdf

      Scottie Smith
    • Jennifer E. Felix
      Scottie: It is quite worrisome to me that most of the kids in this lawsuit are minorities. When my daughter was harrassed (to the point that the Richmond
      Message 2 of 3 , Oct 6, 2005
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        Scottie:
        It is quite worrisome to me that most of the kids in this lawsuit
        are minorities. When my daughter was harrassed (to the point that
        the Richmond police told me to sign charges against the girl) I
        could not even get the district to give her a detention, let alone
        suspend her!!! The police even went so far as to try to get a
        report from the school so that we could file a restraining order
        against the girl, but the district would not comply. The saddest
        part is that I feel, as a white parent, that if the girl had been a
        minority instead of white she probably would have been expelled for
        the same type of harassment and abuse. Until we are equitable in
        all areas of the educational spectrum, these kinds of lawsuits will
        continue to be a necessary evil to combat an unnecessary evil!!
        Jen
        --- In wccusdtalk@yahoogroups.com, rcs101@a... wrote:
        >
        >
        > --Kevin:
        >
        > Below is a short summary about the lawsuite for your information
        and others who was asking questions last night:
        >
        >
        > Challenge To School District's Disciplinary Policies Filed:
        With
        pro bono assistance from
        >
        > Gibson, Dunn & Crutcher (Fred Chung, Sally Berens, Christine
        Chobot, and Alexa Green),
        >
        > LCCR and Legal Services for Children have recently filed suit
        challenging the denial by West
        >
        > Contra Costa Unified School District (WCCUSD) of due process in
        student discipline. State
        >
        > law sets forth a detailed process that school districts must
        follow in order to expel, or otherwise
        >
        > discipline students. In recognition of the critical importance of
        education, these laws are
        >
        > designed to ensure that students are not wrongfully expelled or
        kept out of school for lengthy
        >
        > periods during the disciplinary process. Unfortunately, WCCUSD
        consistently fails to follow
        >
        > the required procedures, denying students their right to an
        education and to due process. In
        >
        > particular, the District makes extensive use of what it
        calls "administrative disciplinary transfers"
        >
        > – a process not authorized anywhere in state law. For example,
        J.P. is an eight year-old
        >
        > third grade student, who was removed from elementary school last
        fall, purportedly for hurting
        >
        > another student. Yet no evidence of injury was ever presented, and
        J.P. and his family disputed
        >
        > the District's allegations. Nonetheless, without any hearing or
        other chance to meaningfully
        >
        > challenge the accusation, the District kept J.P. out of school for
        nearly six weeks, far longer than
        >
        > state law allows. The District then involuntarily transferred him
        to a non-comprehensive school
        >
        > far from his home. J.P. is one of several plaintiffs in the
        recently-filed lawsuit, which asks for
        >
        > an order enjoining the District's illegal practices and for
        compensatory education for students
        >
        > wrongfully kept out of school.
        >
        >
        >
        > See http://www.lccr.com/vfjsummer05.pdf
        >
        > Scottie Smith
      • Charley Cowens
        To those who weren t watching the School Board meeting last night, Scottie is referring to the Board action to vote to eliminate disciplinary transfers as a
        Message 3 of 3 , Oct 6, 2005
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          To those who weren't watching the School Board meeting last night,
          Scottie is referring to the Board action to vote to eliminate
          disciplinary transfers as a formal part of the District policies and
          regulations. This was done in a way that wasn't particularly obvious
          in the agenda. It didn't really hit me that something was up until two
          Pinole City Council members appeared in our sparse audience.
          Basically, the elimination of disciplinary transfers was done as part
          of "cleaning up" of Board policies. Whatever the merits or demerits of
          disciplinary transfers, getting rid of them certainly seems necessary
          right now as a way of minimizing the legal exposure of the District.
          But, the upshot of this is that by removing a diversion alternative on
          the disciplinary ramp more kids will be expelled sooner (another
          exciting opportunity for the practice of public interest lawyerin').
          In fact one of the Pinole City Council members who spoke suggested
          that the District start putting portables at Gompers.

          Charley Cowens

          On 10/6/05, rcs101@... <rcs101@...> wrote:
          >
          >
          > --Kevin:
          >
          > Below is a short summary about the lawsuite for your information and others who was asking questions last night:
          >
          >
          > Challenge To School District's Disciplinary Policies Filed: With pro bono assistance from
          >
          > Gibson, Dunn & Crutcher (Fred Chung, Sally Berens, Christine Chobot, and Alexa Green),
          >
          > LCCR and Legal Services for Children have recently filed suit challenging the denial by West
          >
          > Contra Costa Unified School District (WCCUSD) of due process in student discipline. State
          >
          > law sets forth a detailed process that school districts must follow in order to expel, or otherwise
          >
          > discipline students. In recognition of the critical importance of education, these laws are
          >
          > designed to ensure that students are not wrongfully expelled or kept out of school for lengthy
          >
          > periods during the disciplinary process. Unfortunately, WCCUSD consistently fails to follow
          >
          > the required procedures, denying students their right to an education and to due process. In
          >
          > particular, the District makes extensive use of what it calls "administrative disciplinary transfers"
          >
          > – a process not authorized anywhere in state law. For example, J.P. is an eight year-old
          >
          > third grade student, who was removed from elementary school last fall, purportedly for hurting
          >
          > another student. Yet no evidence of injury was ever presented, and J.P. and his family disputed
          >
          > the District's allegations. Nonetheless, without any hearing or other chance to meaningfully
          >
          > challenge the accusation, the District kept J.P. out of school for nearly six weeks, far longer than
          >
          > state law allows. The District then involuntarily transferred him to a non-comprehensive school
          >
          > far from his home. J.P. is one of several plaintiffs in the recently-filed lawsuit, which asks for
          >
          > an order enjoining the District's illegal practices and for compensatory education for students
          >
          > wrongfully kept out of school.
          >
          >
          >
          > See http://www.lccr.com/vfjsummer05.pdf
          >
          > Scottie Smith
          >
          >
          >
          >
          >
          >
          > Yahoo! Groups Links
          >
          >
          >
          >
          >
          >
          >
          >
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