Legal Services of Northern California Emmy Aceves

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Presentation transcript:

Legal Services of Northern California Emmy Aceves School Discipline Justice Project Legal Services of Northern California Emmy Aceves

Different ways to try to resolve We can help Three Takeaways You don’t have to accept discrimination or violations of your child’s rights Different ways to try to resolve We can help

Legal Services of Northern California Who are we? Legal Services of Northern California 515 12th Street, Sacramento, CA (916) 551-2150

Who am I?

Education Rights Right to not be discriminated against on the basis of race, color, and national origin, sex, disability, and age Title VI of the Civil Rights Act of 1964 42 U.S.C. 2000d; 78 Stat. 252; 34 CFR Part 100 prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance. All federal agencies that provide grants of assistance are required to enforce Title VI. The U.S. Department of Education gives grants of financial assistance to schools and colleges and to certain other entities, including vocational rehabilitation programs. Examples of discrimination covered by Title VI include racial harassment, school segregation, and denial of language services to English learners

File complaint at the school

School Board Uniform Complaint Procedures Superintendent – Currently, Jose Banda but looking for new one for this upcoming school year The California Code of Regulations requires the districts to adopt and publish procedures known as The Sacramento City Board of Education consists of seven members elected to four-year terms. Elections are held by district on a staggered basis every November of even-numbered years St. Hope Public Schools School Board

California Department of Education Can appeal a decision made by the district to the CA Department of Ed w/in 15 days UPC lay out process that provides for prompt and equitable resolution of discrimination, harassment, intimidation, and bullying complaints.  If you are a student, parent or interested third party or organization and you want to report an instance of discrimination, harassment, intimidation and bullying, a complaint must be filed with your school district no later than six months from the date the incident occurred, or the date you first obtained knowledge that the incident occurred. Your school district may have a complaint form available for your use. It is a good idea to make a copy of the complaint for the record. Appeals The district has 60 days to complete an investigation and provide a written decision to the person filing the complaint. If the person disagrees with the findings of the investigation he/she has the right to appeal those findings within 15 days of receiving the decision to the CDE. In addition, an appeal to the Department can be filed should the district fail to provide a written response. This appeal must be received by the Department within 15 days of the date the response was due.  For any questions regarding appeals please contact the Education Equity UCP Appeals Office at 916-319-8239 or e-mail eeucpappeals@cde.ca.gov.

Office of Civil Rights Complaint We can help draft, give feedback, represent you We do NOT sue for damages. But if you’re looking to make change for your student, we can help OCR's role is to be a neutral fact-finder and to promptly resolve complaints. OCR has a variety of options for resolving complaints, including facilitated resolutions and investigations. OCR does not act as an advocate for either party during the process. Where OCR identifies concerns or violations, educational institutions often resolve them with agreements requiring the educational institutions to adopt effective anti-harassment policies and procedures, train staff and students, address the incidents in question, and take other steps to restore a nondiscriminatory environment. -Can enter voluntary agreement. If recipient doesn’t want to, OCR can issue fact findings and initiate admin proceedings to suspend/terminate financial federal assistance to program, or forward to DOJ.

Federal Lawsuit

Call or Email me! (916) 551-2186 Eaceves@LSNC.net