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State of California Department of Justice
Rob Bonta
Attorney General
Attorney General
The Bureau of Children’s Justice (BCJ) was formed within the Civil Rights Enforcement Section in 2015 to safeguard equal opportunity so that every child in the State of California can meet their full potential. BCJ’s investigative work addresses systemic issues that impact children and youth in the state of California, focusing on remedying patterns or practices of discriminatory policies or procedures. BCJ also brings and joins lawsuits against the federal government, local governments and private organizations; files amicus (“friend-of-the-court”) briefs; promulgates guidance; and engages in policy advocacy.
Inequities in school discipline have a major impact on student success. Decades of research consistently show that suspensions and expulsions significantly increase the possibility that a student may later drop out of school or be involved in the juvenile justice system. In California, students of color, particularly Black students, are far more likely to be disciplined, suspended, and expelled. In 2021, 19,355 juvenile arrests were made in California, contributing to the school to prison pipeline. The presence of campus police officers are associated with a decrease in high school graduation and college enrollment rates.
It is unlawful for school districts to have policies, procedures and practices that treat students in
a different and harmful way based on sex, race, color, religion, ancestry, national origin,
disability, medical condition, genetic information, marital status, sexual orientation, citizenship,
primary language, immigration status or economic status.
BCJ has investigated school districts and filed amicus briefs to ensure equal treatment of all California students. BCJ
also publishes guidance for local education agencies.
Oroville City Elementary School District
In 2019, BCJ opened an investigation into the Oroville City Elementary School District (OCESD) after
data revealed that OCESD had suspended nearly a third of its African-American male students and that
it had suspended students with disabilities at five times the statewide average rate.
The investigation uncovered that OCESD had systematically over-disciplined Black students, Native
American students, and students with disabilities in violation of civil rights laws and various
special education laws. The district agreed to be overseen by an independent monitor to ensure
that all OCESD students are treated equally in a safe environment conducive to learning.
On August 25, 2020, BCJ entered into a court-approved stipulated judgment with OCESD to remedy its
discriminatory treatment of students based on race and disability. The judgment requires OCESD to,
among other reforms, revise its board policies and administrative regulations to comply with state
law; implement a culturally responsive positive behavior intervention system; engage in ongoing
measures to address the root causes of discrimination in discipline; and effectively and
consistently implement accommodations, referrals for special education evaluation, and Functional
Behavior Assessments.
Complaint
Stipulated
Judgement
Oroville Union High School District
In 2019, BCJ opened an investigation into Oroville Union High School District (OUHSD)’s
discipline practices after data revealed that OUHSD had the highest rate of suspensions for Black
students statewide. In 2020, after a comprehensive investigation, BCJ entered into a court-approved
stipulated judgment with the district to address discriminatory discipline against Black students
and students with disabilities and a failure to comply with various special education and discipline
laws.
Complaint
Stipulated
Judgement
Barstow Unified School District
In 2020, after a comprehensive investigation, BCJ entered into a court-approved stipulated judgment
with the Barstow Unified School District (BUSD) to address discriminatory treatment of students
based on race and disability. The year-long investigation uncovered systemic over-reliance on
punitive, exclusionary discipline against Black students and students with disabilities.
BUSD’s own data showed that Black students and students with disabilities were
significantly more likely to be punished and suspended than their peers. Black
students were punished for 168 percent more days than their white peers.
The judgment requires, among other things, revisions to policies and practices on student discipline; more mental health, counseling, and social work services; a district-wide multi-tiered system of supports; and quarterly reports to DOJ on complaints and responses to complaints.
Stockton Unified School District
In 2019, after a comprehensive investigation, BCJ entered into court-approved stipulated judgment
with Stockton Unified School District (SUSD) and its police department to remedy systemic violations
of the civil rights of African-American and Latino students and students with disabilities. BCJ
found that SUSD had conducted unconstitutional search and seizure practices and that SUSD’s
law enforcement referrals policies and practices discriminated against Black and Latino students and
students with disabilities. SUSD systemically criminalized students for minor misconduct, which
can result in long-term harms. The five-year stipulated judgment includes revised policies and
procedures for law enforcement referrals, treatment of students with disabilities, mental health
referrals and use of force; creation of a formal diversion program to address minor school-based
criminal offenses, aimed at minimizing arrest citations and bookings; hiring of a trained Disability
Coordinator at the police department to ensure compliance with disability discrimination laws;
crisis intervention training for all police officers; and creation of a community advisory
committee.
February
4, 2019 Letter Reminding Schools Obligations Re Discrimination in School Discipline
The guidance letter highlighted state and federal laws that protect students from discriminatory and
excessive discipline. The letter reminded school districts that decades of research has consistently
shown that students subject to out-of-school disciplinary removals suffer significant adverse
impacts, including decreased educational achievement and a significantly higher likelihood of
arrest, school dropout, and juvenile justice involvement. The letter also discussed effective,
research-based alternatives to out-of-school suspensions and encouraged individuals with information
about potentially unlawful discipline practices to contact the Bureau.
California is home to millions of immigrant children and youth, and protecting their rights is a crucial component of BCJ’s work. 27% of Californian residents are immigrants. 46% of Californian children have at least one immigrant parent. 20% of Californian children, of whom 93% are U.S. citizens, live in mixed-status families. All Californians, including children, are protected against discrimination and harassment based on immigration status, race, ancestry, and national origin, among other characteristics.
BCJ engages in investigations; files litigation, amicus briefs, and comment letters; and publishes legal guidance to protect immigrant children, youth, and families.
Mojave Unified School District
In 2020, BCJ entered into court-approved stipulated judgment with the Mojave Unified School District
(MUSD) to remedy shortfalls in MUSD’s discrimination and retaliation policies and practices.
BCJ’s investigation found that MUSD had no legally compliant procedure for responding to complaints of discrimination and retaliation. MUSD did not investigate allegations of retaliation, including one in which a parent complained that the school had discriminated against their child and the school’s principal threatened immigration consequences against the parent’s employer in retaliation. BCJ’s investigation also found deficiencies under state law in MUSD’s independent study and supervised suspension programs, search and seizure practices, special education evaluation and alternative placement into county community schools, and student record confidentiality training and protocols.
Complaint
Stipulated
Judgement
DHS et al. v. Regents of the University of California et al. (DACA
Litigation)
The Deferred Action for Childhood Arrivals (DACA) policy allows hundreds of thousands of individuals
brought to this country as children to legally remain and work in the United States. In January
2018, BCJ—alongside partners representing the University of California, individual DACA recipients,
local governments, and labor unions—secured the first nationwide
preliminary injunction against the Trump Administration’s efforts to rescind DACA.
After appeals, in June 2020, BCJ led a coalition of 21 attorneys general and numerous other
plaintiffs and secured a landmark ruling
in the U.S. Supreme Court that the Trump Administration acted illegally when it attempted to
end DACA. As a result, the policy remains in effect, protecting hundreds of thousands of Dreamers in
California and across the country.
BCJ continues to work to defend DACA, including co-leading amicus briefs in litigation in Texas district and appellate courts and comment letters supporting federal rulemaking actions enshrining the DACA program into regulations and increasing DACA recipients’ access to health insurance.
California v. McAleenan
In 2019, BCJ led
a multistate coalition and filed California v. McAleenan, challenging the Trump
Administration’s proposed regulation on the care of children in federal immigration custody.
The proposed rule would have eliminated critical protections guaranteed by court order in the
landmark Flores v. Reno case and permitted prolonged, indefinite detention of children and
their families. This detention would have caused irreparable harm to children, their families, and
the California communities that accept them upon their release from federal custody.
On July 20, 2023, the district court granted the parties’ stipulated dismissal. Through the stipulated dismissal, DHS agreed to create policy guidance ensuring that regulatory requirements are treated as mandatory, and that children in the custody of CBP are afforded safe and sanitary conditions and are processed as expeditiously as possible. The settlement terms provide that the policy will be disseminated within 30 days and incorporated into trainings of CBP personnel.
Washington v. United States of America
In 2018, BCJ co-led
a coalition of 18 attorneys general in filing a lawsuit, Washington v. United States of
America, against the Trump Administration over the cruel and unlawful policy of
forcibly separating children from their parents without any legitimate justification. The
complaint alleged that the Trump Administration’s family separation policy violated the
fundamental due process rights of parents to be together with their children, equal protection
rights afforded to parents and their children, as well as other constitutional and statutory
claims. This case was voluntarily dismissed when the Biden Administration rescinded the policy.
Protecting Unaccompanied Immigrant Children
Preventing Family Separation
Safe Schools for Immigrant Students (AB 699)
AB 699 was passed to address the fear and confusion expressed by school officials in the wake of the Trump Administration’s immigration enforcement-related activities and anti-immigrant rhetoric. BCJ created the following Guidance and check list for school administrators, students, and families when interacting with officers who are enforcing immigration laws.
In 2019, 4,131 youths were confined in California’s juvenile facilities. This includes youths who have already been determined to have committed an offense, but also youths who have not yet been adjudicated. Incarceration can lead to depression, self-harm and suicide. Incarcerated youth are more likely to drop out and suffer losses in math and reading. Juvenile incarceration leads to higher rates of rearrest, higher rates of criminal justice involvement as an adult, and poor adult health outcomes.
BCJ engages in investigations and enforcement actions, and publishes comment letters to protect youth in juvenile detention.
County of Los Angeles, Los Angeles County Office of Education
After a comprehensive investigation, in 2021, BCJ entered into a court-approved stipulated judgment
with the County of Los Angeles and the Los Angeles County Office of Education to improve the
county’s juvenile halls. The investigation found significant deficiencies in the conditions of
confinement in Barry J. Nidorf Juvenile Hall and Central Juvenile Hall, endangering youth safety and
denying youth legally required services, including education. The County of Los Angeles and the Los
Angeles County Office of Education agreed to a wide range of corrective actions to be overseen by an
independent monitor and subject matter experts.
Complaint
Stipulated
Judgement with County of Los Angeles
Stipulated
Judgement with the Los Angeles County Office of Education
Due to the County’s ongoing lack of compliance with the Judgment, BCJ brought an enforcement action against the County due to ongoing illegal and unsafe conditions at the juvenile halls. The Court granted BCJ’s motion, finding that the County had failed to provide adequate staffing, timely and adequate medical care, education, compensatory education, outdoor recreation, adequate video cameras, a positive behavior management plan, or timely use of force review.
5.8 million K-12 students attend over 10,000 public schools in California, and over 600,000 students attend over 1,200 charter schools. All California children deserve the best and most equitable education opportunities.
BCJ engages in investigations, and files litigation, amicus briefs, and comment letters to ensure that all California students can thrive in high-performing schools.
K12 Inc. and California Virtual Academies
In 2016, BCJ entered into a court-approved stipulated
judgment with K12 Inc., a for-profit online charter school operator, and its 14 affiliated
non-profit schools, the California Virtual Academies (“CAVA Schools”). After a
comprehensive investigation, BCJ found that K12 and the CAVA Schools published misleading
advertisements and submitted inflated student attendance numbers to collect more state funding. K12
and its employees influenced nonprofit online charter schools to enter into unfavorable contracts
that put them deep in a financial hole.
As part of the settlement K12 provided approximately $160 million in debt relief to the non-profit schools it manages and paid $8.5 million in settlement of all claims. In addition, K12 agreed to implement significant reforms to ensure that K12 and the CAVA Schools refocus on the need to deliver quality educational services and that they do so with appropriate controls between the for-profit vendor and nonprofit schools.
PresenceLearning
In 2021, the Attorney General entered into a stipulated judgment with PresenceLearning, an online
for-profit provider of speech and occupational therapy, behavioral and mental health services, and
assessments for special education students. After a comprehensive investigation, BCJ found that the
company engaged in false advertising and misrepresentations regarding its services over a period of
several years. In addition to a court order prohibiting such practices, the settlement requires
PresenceLearning to submit to a thorough expert review of its services and to pay $600,000.
PresenceLearning operates nationwide with over 100 different schools and more than 4,000 students in
California alone.
Michigan v. Betsy Devos
In 2020, BCJ co-led a successful multistate effort to enjoin the Trump Administration’s
unlawful attempt to siphon pandemic relief funds to private schools and away from K-12 public
schools. Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), California public
schools were slated to receive $2 billion. While the CARES Act provided local authorities with
critical flexibility in using these resources, it also established that private schools are only
eligible for funds in certain circumstances in line with established criteria under federal law,
which the Trump Administration unlawfully attempted to circumvent.
Complaint
Order
Granting Injunction
New York et. al, v. USDA et. al
BCJ worked with a multistate coalition to ensure that federal school meal nutrition rules are based
on the best health science. BCJ has joined in litigation opposing rule changes that could reduce the
variety of vegetables served, increase the amount of sodium in meals, and decrease the amount of
whole grains served.
School Meals Healthfulness Standards
California’s history of segregated schools and neighborhoods continues to impact California’s children today. As of 2020, California remained in the top 10 most segregated states for Black students. With active and strategic planning, transparent and inclusive community engagement, and a focus on addressing California’s history of unequal education, our school districts can avoid repeating the harms of the past to build better, more equitable educational opportunities for all students.
BCJ engages in investigations, files amicus briefs and comment letters, and issues guidance to ensure that all children and youth are provided equal educational opportunity.
Sausalito Marin City School District
In 2019, BCJ entered into a court-approved stipulated judgment with Sausalito Marin City School
District after a comprehensive investigation found that the District intentionally under-resourced
and segregated the predominately minority Bayside Martin Luther King Jr. Academy. The discriminatory
treatment was the direct result of decisions made by the former Board of Trustees. These actions
included intentional racial and ethnic segregation of schools within the District; termination of
math, science, and English programs at Bayside MLK; and funding decisions that failed to deliver
promised resources to Bayside MLK.
The District entered into a court-approved stipulated judgment agreement with the Attorney General’s Office. Starting in August 2021, public school students in the District are educated in a unified education program. Pursuant to the settlement, the District has and will continue to provide scholarships for affected students until 2029.
April
11, 2023 Guidance Regarding Laws Governing School Closures and Best Practices for Implementation
in California
This statewide guidance outlines school districts’ legal obligations and best practices when
considering school closures, including mergers and consolidations. School districts that follow the
guidance will take a step towards providing equal educational opportunity to all students, and begin
to remedy the continuing harms of segregation. The guidance also describes measures to improve
community trust and parent engagement and reduce a district’s legal risk before, during, and
after the closure selection process.
Many LGBTQ students in California face serious problems at school, and one of BCJ’s priorities is to defend their rights. Most LGBTQ students experienced victimization and 45% experienced discrimination in California schools. Compared to their non-LGBTQ peers, LGBTQ students report much higher rates of depression, anxiety, drug and alcohol use and suicide. Federal reports find that LGBTQ youth were almost twice as likely to be bullied and threatened or injured by a weapon at school; almost twice as likely to be in a physical fight; and were more likely to be offered, sold, or given illegal drugs at school.
BCJ engages has filed litigation, amicus briefs, and comment letters to protect the rights of LGBTQ students.
The People of the State of California vs. Chino Valley Unified School District
BCJ filed a lawsuit on August 28, 2023 against Chino Valley Unified School District challenging CVUSD’s
policy that forces district staff to notify parents, with minimal exceptions, whenever they become aware that a student has requested to use a name or pronoun different from, or to access facilities or participates in programs that do not align with the sex listed on their birth certificate or official records. District staff notified parents even against the student’s wishes and even when it puts them at risk of harm. The policy could expose a student to parental abuse, and increase their risk of self-harm or suicide. On September 6, 2023, the Court granted BCJ’s request for a temporary restraining order.
Complaint
Motion for Temporary Restraining Order
Court Order
Preventing Hate Crimes
Rights of Transgender Youth
Child abuse and neglect impact children and families from all walks of life throughout California. Across the country, one in four children are estimated to experience abuse or neglect. Child abuse or neglect can cause toxic stress that disrupts childhood development and increases risk of physical and mental health problems, lower academic performance, delinquency and early sexual activity. Harassment and abuse of students in primary, secondary, and post-secondary schools continues to impose deep and lasting harm on those impacted.
The Attorney General administers the Child Abuse Central Index (CACI) and enforces the Child Abuse and Neglect Reporting Act, which protects children and youth from abuse and neglect. CANRA requires that mandated reporters immediately notify authorities of suspected child abuse so that those agencies can take timely action to investigate the allegations and protect abused children and youth.
In addition to CANRA requirements, local educational agencies are mandated by state and federal law, including the Education Amendments of 1972 (Title IX), to establish policies describing the investigative procedures that must be followed to resolve complaints of abuse and harassment.
BCJ conducts investigations, participates in litigation and issues guidance to ensure that local educational agencies and authorities protect children and youth in California from abuse, harassment and neglect.
Humboldt County Department of Health and Human Services
In 2018, BCJ entered into a court-approved stipulated judgment following an investigation that
uncovered systemic noncompliance by Humboldt County agencies with California’s Child Abuse and
Neglect Reporting Act and the state’s Welfare and Institutions Code. The investigation found
that the agencies put children’s well-being at risk by failing to coordinate their duties to
respond to reports of child abuse and neglect. The stipulated judgment required extensive corrective
measures across multiple government agencies to ensure that every report of child abuse and neglect
is investigated by one or both agencies in a timely manner.
In 2020, BCJ sought a court order to require the Humboldt County agencies to fully comply with the 2018 stipulated judgment. In 2022, BCJ formally closed the monitoring and confirmed that Humboldt County had complied with all the terms of the 2018 and 2020 stipulated judgments.
2018
Complaint
Stipulated
Judgment
2020
Motion for Supplemental Judgment
2020
Supplemental Judgment
Final
Monitoring Report
Del Norte County Department of Health and Human Services
In 2018, BCJ entered into a Memorandum of Understanding with Del Norte County’s Department of
Health and Human Services (DHHS) which required DHHS to address obligations under California’s
Child Abuse and Neglect Reporting Act. The agreement followed BCJ’s review of Del Norte
DHHS’s practice of sending letters discussing criminal penalties for “false
reporting” of suspected child abuse or neglect to persons who had come forward to report abuse
or neglect.
BCJ concluded this practice discourages the reporting of child abuse and neglect, and directly conflicts with the goals and the spirit of California’s child protection laws. The agreement between California DOJ and Del Norte County DHHS, memorialized in a Memorandum of Understanding, required Del Norte County DHHS to immediately implement corrective action with respect to the false reporting letters and to provide mandatory training to all child welfare staff. The agreement also provided for an independent review of Del Norte County DHHS’s screening and intake policies, procedures, and practices by an expert consultant and established a plan to address other identified deficiencies after completion of the review.
Title IX Litigation
In 2020, BCJ, on behalf of the Attorney General, co-led a coalition of 18 attorneys general in a
lawsuit challenging the Trump Administration’s final rule weakening protections under Title IX
of the Education Amendments of 1972 (Title IX). Title IX prohibits discrimination based on
sex in educational programs and activities receiving federal funding. In the complaint,
the coalition challenged the rule’s implementation, because it undermines Title
IX’s requirements that students be able to learn in an environment free from
discrimination based on sex, including sexual violence and harassment.
While the litigation was pending, the Biden Administration announced that it would amend the Title IX regulation with the opportunity for formal comment. BCJ led a coalition of 20 attorneys general in a comment letter in support of the Biden Administration’s proposed rule aimed at strengthening protections against sex discrimination—including sexual violence and harassment—under Title IX.
Title IX
October 16,
2017 Law enforcement obligations for implementing Senate Bill 1322 and protecting commercially
sexually exploited children
This bulletin provides guidance to local law enforcement on how to implement Senate Bill 1322, which
protects commercially sexually exploited children. SB 1322 amended Penal Code Sections 647 and 653.2
and minors who are loitering or might otherwise be charged with prostitution must be treated as
commercially sexually exploited children under the Welfare and Institutions Code, rather than as
perpetrators of crimes.
Over 50,000 children and youth are in foster care in California, and working to ensure that the rights of this vulnerable group of young people are respected is a critical piece of BCJ’s work. The needs of this population are significant; children in foster care have experienced abuse and neglect, which can negatively impact their health and development. Students in foster care are more likely to be chronically absent and graduate high school at lower rates.
BCJ conducts investigations and issues guidance to protect the most vulnerable Californian children.
Humboldt County Department of Health and Human Services
In 2018, BCJ entered into a court-approved stipulated judgment following an investigation that
uncovered systemic noncompliance by both agencies with California’s Child Abuse and Neglect
Reporting Act and the state’s Welfare and Institutions Code. The investigation found that the
Humboldt County agencies put children’s well-being at risk by failing to coordinate their
duties to respond to reports of child abuse and neglect. The stipulated judgment required extensive
corrective measures across multiple government agencies to ensure that every report of child abuse
and neglect is investigated by one or both agencies in a timely manner.
In 2020, BCJ sought a court order to require the Humboldt County agencies to fully comply with the 2018 stipulated judgment. In 2022, BCJ formally closed the monitoring and confirmed that Humboldt County had complied with all the terms of the 2018 and 2020 stipulated judgments.
2018
Complaint
Stipulated
Judgement
2020
Motion for Supplemental Judgement
2020
Supplemental Judgement
Final
Monitoring Report
Foster Youth Information
Sharing
Federal and state law encourages – and in many cases state law requires – the sharing of
data and records to ensure that foster youth receive appropriate supports and services to address
their needs. To promote the productive sharing of information, BCJ drafted a “Dear
Colleague” letter summarizing state and federal law concerning four issues:
February 12,
2015 Letter re Oversight and Enforcement of Laws Related to Foster Youth
The letter outlines rights of foster children relating to home environment and education. It is
paramount that state, county and local agencies throughout the State guarantee these rights by
fulfilling these legal obligations, including but not limited to:
December 9, 2016
Probation Officer Obligations for Probation Youth in Foster Care
This bulletin outlines probation officers’ legal responsibilities to foster youth and young
adults in the foster care system who are under their supervision. The bulletin made clear that
foster youth in the probation system have rights under both state and federal law, and that
probation officers have obligations with regard to their placement and care, including identifying
relatives for placement and recommending and implementing least restrictive placements.
BCJ works with other attorneys in the Civil Rights Enforcement Section of the Office of the Attorney General to protect the rights of the 1.4 million Californians who identify as Native American or Native American and another race. Other work of the Civil Rights Enforcement Section include investigations of anti-Native American discriminatory conduct.
Humboldt County Department of Health and Human Services
In 2018, BCJ entered into a court-approved stipulated judgment following an investigation that
uncovered systemic noncompliance by Humboldt County agencies with California’s Child Abuse and
Neglect Reporting Act and the state’s Welfare and Institutions Code. Humboldt County is home
to eight federally recognized Tribal Nations and native children comprise approximately 18% of the
child maltreatment allegations in the County. The investigation found that County agencies put
children’s well-being at risk by failing to engage in tribal collaboration to coordinate their
duties to respond to reports of child abuse and neglect with tribal and other authorities. The
stipulated judgment required extensive corrective measures across multiple government agencies to
ensure that every report of child abuse and neglect is investigated by one or both agencies in a
timely manner.
In 2020, BCJ sought a court order to require the Humboldt County agencies to fully comply with the 2018 stipulated judgment. In 2022, BCJ formally closed the monitoring and confirmed that Humboldt County had complied with all the terms of the 2018 and 2020 stipulated judgments.
2018
Complaint
Stipulated
Judgment
2020
Motion for Supplemental Judgment
2020
Supplemental Judgment
Final
Monitoring Report
Oroville City Elementary School District
In 2019, BCJ opened an investigation into Oroville City Elementary School District after data
revealed that OCESD suspended nearly a third of its African-American male students and that it
suspended students with disabilities five times more that the statewide average.
The investigation uncovered that OCESD systematically over-disciplined Black students, Native
American students, and students with disabilities in violation of civil rights laws and various
special education laws. The district agreed to be overseen by an independent monitor to ensure
that all OCESD students are treated equally in a safe environment conducive to learning.
On August 25, 2020, BCJ entered into a court-approved stipulated judgment with OCESD to remedy its
discriminatory treatment of students based on race and disability. The judgment requires OCESD to,
among other reforms, revise its board policies and administrative regulations to comply with state
law; implement a culturally responsive positive behavior intervention system; engage in ongoing
measures to address the root causes of discrimination in discipline; and effectively and
consistently implement accommodations, referrals for special education evaluation, and Functional
Behavior Assessments.
Complaint
Stipulated
Judgement
Addressing the rights of children with disabilities is a key facet of BCJ’s work. California provides special education services to over 800,000 individuals under the age of 22. Under state and federal law, discrimination on the basis of disability is unlawful, and students with disabilities have a right to a free appropriate public education and reasonable accommodation.
BCJ works with attorneys in the Disability Rights Bureau of the Civil Rights Enforcement Section of the Office of the Attorney General to protect the rights of all Californians with disabilities by conducting investigations, participating in litigation and issuing guidance to protect the rights of Californian children with disabilities.
Oroville City Elementary School District
In 2019, BCJ opened an investigation into Oroville City Elementary School District after data
revealed that OCESD suspended nearly a third of its African-American male students and that it
suspended students with disabilities five times more than the statewide average.
The investigation uncovered that OCESD systematically over-disciplined Black students, Native
American students, and students with disabilities in violation of civil rights laws and various
special education laws. The district agreed to be overseen by an independent monitor to ensure that
all OCESD students are treated equally in a safe environment conducive to learning.
On August 25, 2020, BCJ entered into a court-approved stipulated judgment with OCESD to remedy its
discriminatory treatment of students based on race and disability. The judgment requires OCESD to,
among other reforms, revise its board policies and administrative regulations to comply with state
law; implement a culturally responsive positive behavior intervention system; engage in ongoing
measures to address the root causes of discrimination in discipline; and effectively and
consistently implement accommodations, referrals for special education evaluation, and Functional
Behavior Assessments.
Complaint
Stipulated
Judgement
Oroville Union High School District
In 2019, BCJ opened an investigation into Oroville Union High School District’s discipline
practices after data revealed that OUHSD had the highest rate of suspensions for Black students
statewide. In 2020, after a comprehensive investigation, BCJ entered into a court-approved
stipulated judgment with the district to address discriminatory discipline against Black students
and students with disabilities and a failure to comply with various special education and discipline
laws.
Complaint
Stipulated
Judgement
Stockton Unified School District
In 2019, after a comprehensive investigation, BCJ entered into court-approved stipulated judgment
with Stockton Unified School District and its police department to remedy systemic violations of the
civil rights of African-American and Latino students and students with disabilities. BCJ found
unconstitutional search and seizure practices and that SUSD’s law enforcement referrals
policies and practices discriminated against Black and Latino students and students with
disabilities. SUSD had systemically criminalized students for minor misconduct, which can
result in long-term harms.
Barstow Unified School District
In 2020, after a comprehensive investigation, BCJ entered into a court-approved stipulated judgment
with the Barstow Unified to address discriminatory treatment of students based on race and
disability. The year-long investigation uncovered systemic over-reliance on punitive, exclusionary
discipline against Black students and students with disabilities. BUSD’s own data showed that
Black students and students with disabilities were significantly more likely to be punished and
suspended than their peers. Black students were punished for 168 percent more days than
their white peers.
Mojave Unified School District
In 2020, BCJ entered into court-approved stipulated judgment with the Mojave Unified School District
to remedy shortfalls in MUSD’s discrimination and retaliation policies and practices.
BCJ’s investigation found that MUSD had no legally compliant procedure for responding to
complaints of discrimination and retaliation. MUSD did not investigate allegations of retaliation,
including one in which a parent complained that the school had discriminated against their child and
the school’s principal threatened immigration consequences against the parent’s employer
in retaliation. BCJ’s investigation also found deficiencies under state law in MUSD’s
independent study and supervised suspension programs, search and seizure practices, special
education evaluation and alternative placement into county community schools, and student record
confidentiality training and protocols.
Complaint
Stipulated
Judgement
County of Los Angeles, Los Angeles County Office of Education
After a comprehensive investigation, in 2021, BCJ entered into a court-approved stipulated judgment
with the County of Los Angeles and the Los Angeles County Office of Education to improve the
county’s juvenile halls. The investigation found significant deficiencies in the conditions of
confinement in Barry J. Nidorf Juvenile Hall and Central Juvenile Hall, endangering youth safety and
denying youth legally required services, including education. The County of Los Angeles and the Los
Angeles County Office of Education agreed to a wide range of corrective actions to be overseen by an
independent monitor and subject matter experts.
Complaint
Stipulated
Judgement with County of Los Angeles
Stipulated
Judgement with the Los Angeles County Office of Education
Due to the County’s ongoing lack of compliance with the Judgment, BCJ brought an enforcement action against the County due to ongoing illegal and unsafe conditions at the juvenile halls. The Court granted BCJ’s motion, finding that the County had failed to provide adequate staffing, timely and adequate medical care, education, compensatory education, outdoor recreation, adequate video cameras, a positive behavior management plan, or timely use of force review.
Section 504 Regulations
Comment
letter (2022) recommending revisions to Section 504 of the Rehabilitation Act of
1973’s implementing regulations to “strengthen and protect” the rights of students
with disabilities. Section 504 creates a non-discrimination mandate for students with disabilities
applicable to any entity receiving Federal financial assistance. Section 504's implementing
regulations have not been updated since 1977. BCJ submitted a detailed list of potential revisions
including: (1) preventing harassment and other discriminatory acts aimed at students
and increase inclusion; (2) utilizing affirmative technology and other tools to minimize
educational barriers; (3) ensuring effective, culturally appropriate, and consistent identification
and evaluation procedures; and (4) moving to "people first" language consistent with other
federal laws and modern practices.
Discriminatory School Discipline
Natomas
Unified School District v. Sacramento County Board of Education (2022) Amicus brief
urged the court to overturn an unlawful expulsion of an elementary school student and outlining
students' right to due process when facing expulsion from their public school. Students have a
constitutional right to an education and equal opportunity, and BCJ argued that mandatory expulsions
should be reserved for students who pose the greatest threat to safety.
February
4, 2019 Letter Reminding Schools Obligations Re Discrimination in School Discipline
The guidance letter highlighted state and federal laws that protect students from discriminatory and
excessive discipline. The letter reminded school districts that decades of research has consistently
shown that students subject to out-of-school disciplinary removals suffer significant adverse
impacts, including decreased educational achievement and a significantly higher likelihood of
arrest, school dropout, and juvenile justice involvement. The letter also discussed effective,
research based alternatives to out of school suspensions and encouraged those with information about
potentially unlawful discipline practices to contact the Bureau.