Community
AG Bonta Says Oakland School Leaders Should Comply with State Laws to Avoid ‘Disparate Harm’ When Closing or Merging Schools
California Attorney General Rob Bonta sent a letter this week to the Oakland Unified School District (OUSD) Board of Education saying the district has a duty to comply with state education and civil rights laws to protect students and families from “disparate harm,” such as segregation and discrimination, if the district goes ahead with school closures, mergers or consolidations in 2025-2026.
AG Bonta said DOJ investigation of 2022 closure decisions would have negatively impacted Black and low-income families.
By Post Staff
California Attorney General Rob Bonta sent a letter this week to the Oakland Unified School District (OUSD) Board of Education saying the district has a duty to comply with state education and civil rights laws to protect students and families from “disparate harm,” such as segregation and discrimination, if the district goes ahead with school closures, mergers or consolidations in 2025-2026.
The letter and an accompanying media release announced the findings of the California Department of Justice’s (DOJ) investigation into the OUSD Board’s Feb. 8, 2022, decision to close Parker Elementary, Brookfield Elementary, Carl B. Munck Elementary, Fred T. Korematsu Discovery Academy, Grass Valley Elementary, Horace Mann Elementary, and Community Day School and eliminate grades 6-8 of Hillcrest Elementary and La Escuelita Elementary.
“All school districts and their leadership have a legal obligation to protect vulnerable children and their communities from disparate harm when making school closure decisions,” said Attorney General Bonta.
“The bottom line is that discrimination in any form will not be tolerated,” he said. “I am committed to working with OUSD’s leadership to achieve successful outcomes for students.
“My office will continue to monitor OUSD’s processes and decision-making as it moves forward with the required community engagement, equity impact analysis, and planning to implement any future closures, mergers, or consolidations” to ensure compliance with California’s Constitution, AB 1912, and anti-discrimination laws.
By press time, the school district did not respond to a request for comment from OUSD.
The DOJ’s findings showed that the February 2022 decision, later partially rescinded, would have disproportionately impacted Black and low-income elementary students, as well as high-need students with disabilities, according to the media release.
The Attorney General outlined concerns about criteria OUSD has announced that it may rely on to determine future closures, mergers, and consolidations and provided recommendations to ensure OUSD does not violate state law, including prohibitions against closure decisions that reinforce school segregation or disproportionately impact any student group as required by the State Constitution, AB 1912, and anti-discrimination laws.
According to AB 1912, passed in September 2022, financially distressed school districts contemplating school closures, mergers, or consolidations must engage the community before closing schools; conduct an equity impact assessment; and provide the public with the set of criteria the district plans to utilize to make decisions.
In the letter, DOJ identified a “problematic” approach to planning for closing schools in 2025-2026 and “strongly recommends” steps OUSD should take going forward.
- “Take affirmative steps to ensure that its enrollment and attendance boundary and school closure decisions alleviate school segregation and do not create disproportionate transportation burdens for protected subgroups.”
- Don’t solely utilize criteria such as school facilities’ conditions, school operating costs, and school capacity without also including an assessment of past and present inequities in resources “due to educational segregation or other causes.”
- Some of OUSD’s proposed guidelines “may improperly penalize schools serving students with disabilities and students who have high needs.”
- The district’s decisions should also include “environmental factors, student demographics and feeder attendance patterns, transportation needs, and special programs.”
- Avoid overreliance on test scores and other quantitative data without also looking at “how each school is serving the needs of its specific student body, especially as it relates to historically marginalized communities.”
- “Engage an independent expert to facilitate community input and equity impact.”
The letter also emphasized that DOJ is willing to provide “feedback and consultation at any time during the process to ensure that OUSD’s process and outcomes are legally compliant and serve the best interests of the school community and all of its students.”
Activism
Oakland Post: Week of June 12-18, 2024
The printed Weekly Edition of the Oakland Post: Week of June 12-18, 2024
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Antonio Ray Harvey
More Segregated Than Deep South: ACLU Releases Report on Calif. Public Schools
The 2024 State of Black Education: Report Card was recently published by the American Civil Liberties Union California Action (ACLU California Action). It states that California is the third most segregated state for Black students. Co-author of the report, policy counsel Amir Whitaker from ACLU Southern California explained the criteria the ACLU use to rank California during the commemoration of the 70th anniversary of the landmark 1954 U.S. Supreme Court decision Brown vs. Board of Education held at the State Capitol the day after the Memorial Day holiday.
By Antonio Ray Harvey, California Black Media
The 2024 State of Black Education: Report Card was recently published by the American Civil Liberties Union California Action (ACLU California Action).
It states that California is the third most segregated state for Black students.
Co-author of the report, policy counsel Amir Whitaker from ACLU Southern California explained the criteria the ACLU use to rank California during the commemoration of the 70th anniversary of the landmark 1954 U.S. Supreme Court decision Brown vs. Board of Education held at the State Capitol the day after the Memorial Day holiday.
“For every state in the Deep South, California (schools) are more segregated,” Whittaker said. “People often think that California is not segregated or unequal as Deep South states and others. The inequalities here (in California) are actually wider.”
New York and Illinois are ahead of California regarding the racial diversity of their student bodies. According to a report May 2022 report by Stanford Graduate School of Education, the Los Angeles, Philadelphia, and New York City school districts are in the top 10 most racially segregated districts for White-Black, White-Hispanic, and White-Asian segregation based on the average levels from 1991-2020.
In bigger school districts, segregation between low-income (students who are eligible for free lunch) and non-low-income students increased by 47% since 1991, according to the Stanford Graduate School’s report.
“That’s why it’s important to look at this data,” Whitaker said. “When you have millions of people living in places like Los Angeles, Chicago, and New York, the urban areas are a lot more segregated than the south. That’s a big part of it.
A number of factors contribute to the segregation of schools in California such as parents sending their children to private schools, others optioning for homeschooling, and other reasons, Whitaker said.
The Brown v. Board of Education case declared that separating children in public schools based on race was unconstitutional. However, Whitaker pointed to cases after the landmark decision that circumvented that federal law.
According to a 2014 report by the Civil Rights Project, in the 1990s, decisions by the U.S. Supreme Court decision ended federal desegregation orders in San Francisco and San Jose. In addition, court decisions in the state that ordered desegregation in the 1970s were overturned by the 1990s. Legally, California has no school integration policy to adhere to.
“This is why we did this report. There needs to be a report just on this issue (of school segregation),” Whitaker told California Black Media. “Right now, there’s no task force or anything addressing it. I have never seen the California Department of Education talk about it. This is a pandemic (and) a crisis.”
ACLU Northern California hosted an overview of the report and panel discussion at the State Capitol on May 29. California Black Legislative Caucus member Assemblymember Mia Bonta (D-Alameda) and Sen. Steven Bradford were the guest speakers. Parents, students, educators, and Black education advocates from all over the state attended the 90-minute presentation at the State Capitol.
School segregation is the No. 1 issue listed in among the report’s “24 areas of documented inequality,” along with problematic trends of racial harassment, a continuous decline of Black student enrollment, school closures, connection with school staff, chronic absenteeism, low Black teacher representation, and parent participation.
Art
Mayor Breed, Actor Morris Chestnut Attend S.F.’s Indie Night Film Festival
On June 1, the acclaimed Los Angeles-based Indie Night Film Festival arrived at the Kabuki Theater in San Francisco. San Francisco native Dave Brown, Founder and CEO of the Indie Night Film Festival, has a vision for the film industry that is squarely focused on promoting the many talented producers, actors, and designers contributing to this billion-dollar industry. The festival has been running for 12 years and it’s only up from here, he says.
By Y’Anad Burrell
On June 1, the acclaimed Los Angeles-based Indie Night Film Festival arrived at the Kabuki Theater in San Francisco.
San Francisco native Dave Brown, Founder and CEO of the Indie Night Film Festival, has a vision for the film industry that is squarely focused on promoting the many talented producers, actors, and designers contributing to this billion-dollar industry. The festival has been running for 12 years and it’s only up from here, he says.
A weekly celebration of cinematic artistry designed to elevate emerging talent while providing a platform for networking and collaboration, entrepreneur Dave Brown created Indie Night to bridge gaps within the filmmaking community by fostering connections between like-minded individuals worldwide. The Indie Film Festival currently has over 450 film submissions worldwide, and its cinematic vault only continues to grow.
The festival showcased over 10 short films and trailers, and featured Faces of the “City: Fighting for the Soul of America,” produced by veteran actor Tisha Campbell. This film is about the vibrancy and legacy of San Francisco. The festival also previewed “When It Reigns,” a trailer by Oakland’s burgeoning filmmaker Jamaica René.
Indie films have not just challenged traditional cinematic norms; they’ve shattered them. These films offer unique storytelling perspectives and push creative boundaries in truly inspiring ways. With their smaller budgets and independent spirit, they often tackle unconventional subjects and portray diverse characters, providing a refreshing alternative to mainstream cinema. As a result, indie films have resonated with audiences seeking an escape from formulaic blockbusters and are increasingly celebrated for their authenticity and originality.
Organizers say the mission of Indie Night is to elevate the craft of independent artists and creators. It also provides a venue for them to showcase their work, network, and exchange information with new and established creatives. It creates a community that values and supports independent art.
For more about the Indie Night Film Festival, visit www.indienightfilmfestival.com.
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