Category: Media release

← Back to Disaster Relief

As residents of Eastern North Carolina prepare for the current hurricane season, many are finding that an important part of this process is continuing to recover from previous storms. On August 25 and 26, Legal Aid of North Carolina is hosting free remote information sessions to discuss the recovery funds available to Hurricane Florence survivors, and how Legal Aid can help with some legal issues, such as duplication of benefits and FEMA recoupments, that may appear during the recovery process for those applying for assistance.

“The information sessions are a great opportunity for North Carolinians to learn more about how Legal Aid can help with the recovery process following a natural disaster,” said Lesley Albritton, managing attorney of Legal Aid’s Disaster Relief Project. “Legal Aid may be able to assist North Carolinians during the application process or, if needed, by filing an appeal after a decision is issued. Those with questions about our services are encouraged to attend an information session or call our helpline number.”

As Florence survivors seek assistance from multiple sources during their recovery process, survivors may encounter issues with duplication of benefits or FEMA requesting money to be repaid, known as FEMA recoupment. These information sessions will go over how Legal Aid may be able to help prevent these situations from happening or may be able to help if it has already occurred during the recovery process.

The presenters will answer general questions at the end of the presentation. Those with specific questions should call the Legal Aid helpline at 866-219-5262 or visit legalaidnc.org/apply to learn about eligibility for Legal Aid’s services and to get assistance.

The two information sessions will cover the same content. Those that are interested can choose a day and time that is convenient for them:

August 25 at 12 p.m. 

Sign up to view as a webinar at legalaidnc.org/disasterinfo

Call-in number: (312) 626-6799

Meeting ID: 819 0918 6407

Participant ID: “#”

August 26 at 6 p.m. 

Sign up to view as a webinar at legalaidnc.org/disasterinfo

Call-in number: (312) 626-6799

Meeting ID: 854 6807 5396

Participant ID: “#”

More information about the information sessions and Legal Aid NC’s other disaster relief work can be found at legalaidnc.org/disaster.

About

Legal Aid NC is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. The Disaster Relief Project provides legal assistance and education to survivors of natural disasters in North Carolina, seeking to provide relief to clients in the days, weeks, months and years that it takes to recover. Legal Aid NC also supports community economic development and long-term recovery in disaster-impacted communities.

Category: Media release

← Back to Education

RALEIGH—Prompted by complaints filed by our Advocates for Children’s Services project, the North Carolina Department of Public Instruction has launched formal investigations into the routine failure of Guilford County Schools and Vance County Schools to provide educational services to their students incarcerated in adult jails. For each of the three students covered by our complaints, the school systems failed to provide them with any educational services whatsoever.

We learned of the investigations in a letter from the department dated June 5, 2020. We filed our complaints with the department on May 29, 2020.

We filed our Guilford County complaint on behalf of two high school students and our Vance County complaint on behalf of one high school student who experienced the same deprivation over two separate periods of incarceration.

The complaints allege that the school districts failed to fulfill their legal obligations by:

  • Failing to provide the students with any education during their incarceration. Two of the students received packets of work without assistance or instructions. One received no work, instruction or assistance of any kind.
  • Failing to follow required procedures regarding discipline of students with disabilities while the students attended their regular community schools.
  • Failing to provide the students with appropriate educational services while they attended their regular community schools.

The federal Individuals with Disabilities Education Act requires the school system to educate all students with disabilities—including incarcerated students—in an appropriate manner in accordance with their Individualized Education Plans. Yet, Advocates for Children’s Services believes that youth in adult facilities across North Carolina—not just in these two counties—typically receive no education.

The students’ cases paint a compelling picture of how the school-to-prison pipeline operates when students’ special education needs are consistently ignored, funneling students into the criminal justice system. For that reason, the complaint describes violations occurring during the students’ incarceration as well as those leading up to it.

These violations have led to—and will continue to lead to—dire educational consequences for students in adult jails, if not fixed on the systemic level. Tessa Hale, an attorney with Advocates for Children’s Services, notes, “The link between education and reduced recidivism rates is well established in research. When we fail to educate these youth, we return them to their communities without the knowledge that will allow them to function in society.”

The parent of one of the students named in the complaint said, “I want my child to be a productive citizen. Anyone wants that for their child. Nobody wants to see their child in and out of jail because they don’t have the skills to do better. Without education, my child will be in a worse position when he gets out. How is that rehabilitation?”

The parent continued: “When a child goes to jail, they are taken away from everyone in their community who was educating them. The child is locked away from parents, grandparents, and other adults that care about them and could try to help guide them. They spend their time with the other kids in jail, and those kids aren’t getting any education either. We can’t also take away the chance for them to learn from teachers who are trained to educate them.”

One of the students named in the complaint stated, “I was 16 when I was first incarcerated. The second time was when I was 17 and a junior in high school, and I was taken out of high school and incarcerated in an adult facility for four months. I didn’t receive any support or education while I was in jail and after I was released, I had a lot of difficulty re-enrolling in high school and lost over a year of my life and education.”

In our complaints, Advocates for Children’s Services asks that our clients and all similarly situated students receive tutoring and other educational services to address the past and ongoing harm done to them. We also request that the Department of Public Instruction institute oversight measures to ensure future compliance with the law for all similarly situated students.

# # #

About

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Legal Aid’s Advocates for Children’s Services project seeks to end North Carolina’s school-to-prison pipeline by defending the rights of low-income children in public schools.

Media Contact

Sean Driscoll, Director of Public Relations, 919-856-2132, seand@legalaidnc.org

Category: Media release

← Back to Disaster Relief

The 2020 hurricane season began on June 1, but many North Carolinians are still seeking relief from damages sustained during Hurricanes Matthew and Florence. After a hurricane makes landfall, storm clouds will dissipate but the recovery process for homeowners can take years. On July 8-10, Legal Aid of North Carolina will offer remote information sessions to help educate North Carolina homeowners on the assistance available for survivors of Florence and Matthew.

“These information sessions are a great opportunity for North Carolinians to learn more about the resources available to them when they become victims of natural disasters,” said Nicole Mueller, a Legal Aid disaster relief staff attorney. “It is not too late to seek remedies for disaster-related damages just because a storm took place years ago.”

The information sessions will take place via conference call and will cover how Legal Aid can assist North Carolinians with disaster recovery. Topics include how to apply for ReBuild NC’s Homeowner Recovery Program, how Legal Aid can assist during the application process, and how Legal Aid can help if a homeowner needs to file an appeal. Legal Aid lawyers will answer general questions during the information sessions.

“We want people to know that they have options if they are denied assistance or if they disagree with the amount that they have been awarded,” Mueller said. “Legal Aid may be able to help with an appeal or assist with other legal needs that can help secure assistance.”

ReBuild NC is a program operated by the North Carolina Office of Recovery and Resilience to distribute grant money to homeowners, contractors, and local and tribal governments for the purpose of disaster recovery. The program opened a new application period June 15 for victims of Florence and Matthew, potentially opening the door for many North Carolinians who have thus far been unable to receive funding from the government or charitable entities. Legal Aid has helped clients with ReBuild applications and appeals in the past and stands ready to do so during this new application cycle.

The three information sessions will all cover the same information. Those that are interested can choose a day and time that is convenient for them:

July 8 at 12 p.m. 
Call-in number: (312) 626-6799
Meeting ID: 871 2700 6960 #
Participant ID: “#”

July 9 at 6:30 p.m. 
Call-in number: (312) 626-6799
Meeting ID: 886 9003 1584 #
Participant ID: “#”

July 10 at 8 a.m. 
Call-in number: (312) 626-6799
Meeting ID: 815 9832 1751 #
Participant ID: “#”

About

Legal Aid NC is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Our Disaster Relief Project provides legal assistance and education to survivors of natural disasters in North Carolina, seeking to provide relief to clients in the days, weeks, months and years that it takes to recover. Legal Aid NC also supports community economic development and long-term recovery in disaster-impacted communities. Call the Legal Aid NC helpline at 866-219-5262 or visit legalaidnc.org/apply to learn about eligibility for our services and to get Legal Aid’s assistance.

Category: Media release

← Back to Housing

The governor’s order banned landlords from filing eviction cases or scheduling lockouts between May 30 and June 20, 2020.

If your landlord did something to try to evict you between May 30 and June 20, 2020, your landlord may be breaking the law and you may have a legal right to stop the eviction.

The new CARES Act freezes evictions for nonpayment of rent for “covered properties” until near the end of August.

If you rent a home that has a federal housing subsidy (like Section 8, public housing, a tax credit, etc.), or if the property you are renting has a federally backed mortgage (like an FHA loan, a VA loan, a Fannie Mae or Freddie Mac loan, etc.), it is a “covered property,” and a landlord is not allowed to evict for nonpayment right now.

If a landlord filed a case after March 27, 2020, but didn’t file the CARES Act affidavit, then the case should be dismissed.

The N.C. Supreme Court ordered that landlords trying to evict tenants for nonpayment after March 27 must file an affidavit stating that their property is not covered under the CARES Act.

If you think your landlord may be breaking the law, Legal Aid of North Carolina is FREE and may be able to help—even if you missed your first eviction court date or already had an eviction judgment entered against you. You have 10 days to appeal an eviction judgment.

You may qualify for Rental Assistance.

The Department of Health and Human Services allocated $26 million for rental assistance for tenants. Call Legal Aid of North Carolina to find the Community Assistance agency in your county.

We may be able to help you.

If you need legal help, call our statewide toll-free helpline at 1-866-219-5262 or apply online. Se habla español.

Category: Media release

Statement from our Board of Directors

George Floyd. Breonna Taylor. Ahmaud Arbery. Rayshard Brooks. These are among the latest in a long list of names—both well known and unknown—of black Americans unjustifiably killed (even murdered) either by police or by private citizens with police acquiescence. In each case, the victim’s primary—often only—“crime” was simply being black. It’s hard to imagine a graver injustice than either being killed or murdered—often with impunity—by the very people sworn to protect you or being the victims of their callous acquiescence.

As the leaders of Legal Aid of North Carolina, a civil legal aid program dedicated to providing equal justice to the poorest, most oppressed, most disregarded and most vulnerable people in our state, justice is our watchword. It is our guiding light, our North Star—it is the concept which fuels our everyday work and it is the goal towards which we continuously strive.

Today, we confront yet another series of innocent black people being killed or murdered and the violent crackdown on those who dare protest it. As a result of these events, that goal—justice—seems farther away than ever before. As a civil legal aid program, the criminal justice system is outside our purview. Our fight for justice involves securing protective orders for victims of domestic violence and sexual assault, or saving families from homelessness by fighting evictions. This is critical work, no doubt.

However, the life of our fight for justice lies also in racial justice: Unsafe housing conditions, predatory and abusive lending practices, dangerous working conditions, a school-to-prison pipeline. In our work, we see these often-fatal perils every day. They fall overwhelmingly, and heavily, on people of color.

What kind of message is being delivered to our constituency and community—half of whom are black—if we save them from a domestic abuser one day but they are killed or murdered by undisciplined, vindictive or even racist law enforcement officers the next? What dichotomy is presented when Legal Aid saves children from homelessness by defending their parents in landlord-tenant court, only to see those same innocent souls dumped into the foster care system because their parents were either killed or murdered? These injustices all serve to hinder, impede and often nullify the otherwise thoughtful, hard and arduous work which Legal Aid professionals perform each and every day.

This is intolerable. We say stop racism. We shout stop the killing. We loudly and boldly proclaim BLACK LIVES MATTER!

We stand for justice!

To paraphrase Rev. Dr. Martin Luther King, Jr. slightly:

A person dies when he or she refuses to stand up for that which is right.

A person dies when he or she refuses to stand up for justice.

A person dies when he or she refuses to take a stand for that which is true.

We stand because words—including these words—are no longer enough. Speeches and statements alone, although important, have proved inadequate. Acts—actual deeds to dismantle systemic racism—are now the currency required to validate our words.

Legal Aid of North Carolina has not the power of the masses in the streets, nor the freedom to confront the system in every way—federal regulation prohibits us from political and policy advocacy, and grassroots organizing—but we have power. As a legal organization, we know how the system works, and we know how to change it. And we intend to, to the best of our ability. That is our promise.

Board of Directors,
Legal Aid of North Carolina

# # #

Statement from our Executive Director

Every day in our work we witness lives in peril. The silent, yet invidious and persistent, racism we witness every day—every single day—in our work here at Legal Aid is lethal.

We summon the strength every single day to struggle, and it is a mighty struggle, to find answers for clients, who have the scales of racial, social, and economic justice woefully tilted against them. We ourselves are often beaten down in the process, with only intermittent and modest interludes of exhilaration to sustain us. Yet we courageously persist. 

But now this.

The racism we confront on behalf of our clients has not the brutal lethality of the pistol or the chokehold, but make no mistake, it is lethal. Predatory and abusive lending, unlawful evictions, unhealthy and dangerous housing conditions, capricious bureaucracy, sexual harassment, unfair employment practices, the school-to-prison pipeline, among many others, are race-motivated and endemic. These pathologies not only deny to our minority clients equal opportunities to flourish, to raise their children in safe and healthy environments, and to work and live with dignity, they attenuate and foreshorten lives.

We all are committed to struggle. La Justicia es una lucha constante. Justice is a constant fight. These events, and the national outrage and anger, indicate that our work and the work of others are still required on the long path to fight inequality in our communities and to approach racial and economic justice.

It continues to be our duty to create the space from the adversity of injustice that our clients need to flourish, to lead lives of dignity, and to reach their fullest potential in their lives, however they may see it. We must continue to work for systemic change.

But the mighty struggle impacts each of us differently.

Over the past few days, I have heard from colleagues who are sorely disheartened, disillusioned, and literally reeling at the enormity of the abhorrent violence of late. Another unnecessary, unjust, and completely incomprehensible killing of a black person through excessive and brutal force. 

Heartbreak abounds, mixed with shock and fury, for George Floyd. He joins Breonna Taylor, Ahmaud Arbery, Michael Brown, Eric Garner, Trayvon Martin, Philando Castile, and too many others on a list of tragic victims of race that shows no sign of abating. And the near-tragedy of Chris Cooper, colliding with conscious white privilege in Central Park the other day.  

This latest bare, haughty, and open brutality, simultaneous with lockdown and pandemic, is too much. George Floyd’s tragedy is unbearable too because the injustice he suffered is the injustice that could be waiting for each of our black clients. It mocks our quaint notion, the one that sustains us, that our daily struggles actually could make a meaningful difference in both our clients’ lives and to racial understanding and equality in our communities. It beats us down, yes. But it beats down our black and colleagues of color even more.

As a progressive organization, we are not immune from the microaggressions and implicit biases of the larger, less-enlightened, deplorable parts of society. We see ourselves as a diverse and inclusive community, flawed, but seemingly willing to find new paths. What can we do better as individuals and as an organization to bridge the racial divide? Can our practices be more purpose-driven to advance racial justice?

I am committed, as I know all our supporters are, to answer these questions.

Our dedication to justice has not wavered.

You may notice that some of our offices have had to have windows boarded up or entrances changed – but, make no mistake, across the state our offices remain open.

We are committed to continuing our work to increase access to justice, housing, health care, education and economic stability for those who struggle to make ends meet—no matter the obstacles we face.

We thank all of our supporters for helping us foster justice in our state. We ask that you continue to take care of yourselves and your loved ones during this difficult time. We each react differently to injustice but know that you are not alone in the struggle for justice and equality.

Sincerely,

George R. Hausen Jr.,
Executive Director

Category: Media release

← Back to Disaster Relief

Join Legal Aid of North Carolina’s disaster relief project for free live presentations on Wednesdays at 4 p.m. You can find the live stream on Facebook Live. All videos are posted to Legal Aid of North Carolina’s YouTube channel after the presentation.

Past topics include:

​Visit the Legal Aid of North Carolina’s disaster relief project of our Self-Help Library for more free legal education and self-help resources.

Category: Media release

← Back to Legal Aid secures $12,000 for aggrieved farmworkers

RALEIGH · April 6, 2018 – Legal Aid of North Carolina’s Farmworker Unit negotiated $12,000 in damages for four farmworkers who alleged that a farm labor contractor cheated them by underpaying them for their work and charging them an illegal recruitment fee.

“Over the past several years, we have seen a huge growth in the use of farm labor contractors to recruit and hire workers in the H2A program,” Meghan Melo, staff attorney at the Farmworker Unit, said.

The federal H2A program allows American agricultural employers to hire temporary workers from foreign countries under certain conditions. Employers can hire the workers directly or pay farm labor contractors to hire the workers for them.

“Unfortunately, some farm labor contractors try to make extra money paying workers less than what they are entitled to, charging them illegal fees and otherwise exploiting them,” Melo said.

“It is important for workers employed by farm labor contractors – and all farmworkers – to know that they have legal protections if they are retaliated against for speaking to an attorney or government agency, or raising concerns with their employer about wages or working conditions,” she said.

The Farmworker Unit sued the labor contractor, Filiberto Perez, in federal court in the spring of 2017. The suit alleged that, in 2015 and 2016, Perez paid the farmworkers at a per-piece rate that amounted to less than the minimum wage guaranteed under the H2A program for the hours they worked, which is illegal under federal law.

The suit also alleged that Perez charged the farmworkers a $1,000 recruitment fee to obtain their work visas. Federal law prohibits farm labor contractors from charging workers recruitment fees of any amount.

Perez denied that he underpaid workers or charged recruitment fees. He agreed to settle the case by repaying the workers’ alleged unpaid wages and recruitment fees, which amounted to $12,000. He also agreed to pay a portion of Legal Aid’s attorneys’ fees and costs.

The U.S. Department of Labor’s Wage and Hour Division also investigated Perez for similar violations.

Farmworkers employed by Perez can call Legal Aid at 1-800-777-5869 (toll-free) to see if they are eligible to claim money that the Department of Labor has already collected on their behalf.

Farmworkers can learn more about their legal rights by visiting the know-your-rights section of the Farmworker Unit’s website at farmworkerlanc.org/know-your-rights.

# # #

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. The Farmworker Unit is a statewide project of Legal Aid of North Carolina that provides high-quality civil legal services to address the special legal needs of migrant and seasonal farmworkers in North Carolina. Learn more at LegalAidNC.org and FarmworkerLANC.org.

Media Contact

Sean Driscoll, Director of Public Relations, 919-856-2132, seand@legalaidnc.org

Category: Media release

← Back to Healthcare Access

ACA enrollment ends Friday. Free enrollment events near you. Visit NCNavigator.net or call 1-855-733-3711 for help.

RALEIGH · DEC 13, 2017 “We are here to tell you that there is still time for North Carolinians to sign up for the Affordable Care Act,” Gov. Roy Cooper said at a free enrollment event today in Raleigh. “You have until midnight on Friday, December the 15th to get online and insure your families.”

“Now is the time to do it,” he said.

Today’s event, hosted by Alliance Medical Ministry, is one of many being held around the state this week. Enrollment events give consumers a chance to get free, in-person help from expert navigators who are trained to help consumers understand the ins and outs of enrolling on HealthCare.gov, the federal Health Insurance Marketplace established by the Affordable Care Act.

The free enrollment events are being sponsored by the NC Navigator Consortium, the largest navigator group in North Carolina. A full list of events is attached to this release (see below) and available on NCNavigator.net (scroll down to Enrollment Events).

All enrollment events are completely free and open to the public. Walk-in appointments are available on a first-come-first-served basis, but consumers are encouraged to schedule appointments by calling 1-855-733-3711 (toll-free) or using the online Get Covered Connector. Consumers can also schedule appointments outside of enrollment events.

“We’re here at the last minute, don’t delay any longer,” Jennifer Simmons, director of the NC Navigator Consortium, said at today’s event. “Help is here if you need it,” she said. “There are assisters across the state of North Carolina that are available and would love to help you complete your enrollment.”

Consumers can also enroll on their own by visiting HealthCare.gov or by contacting the HealthCare.gov call center at 1-800-318-2596 (toll-free).

Here are some important facts for consumers to know:

  • The Affordable Care Act is still the law, and Americans must be enrolled in health insurance in 2018 to avoid paying a fine of $695 per uninsured adult, or 2.5% of household income (whichever is greater).
  • Financial help to help consumers pay their monthly premiums and out-of-pocket costs – copays and deductibles – are still available. Nine in 10 North Carolinians who enrolled in the last open enrollment period received some financial help to cover their premium costs.
  • Consumer subsidies go up or down along with premium rates, so most consumers should not feel the premium increase in their wallet.
  • Consumers who already have Marketplace coverage should come back to review the new plans available for 2018, rather than automatically re-enrolling. New plans and prices are available, so consumers should make sure they are enrolled in the best plan for their family’s medical needs and budget.

All plans on the Health Insurance Marketplace cover comprehensive care, including doctor’s visits, prescription drugs, emergency services, hospitalization, preventive and rehabilitative care, and more.

# # #

About the NC Navigator Consortium
The NC Navigator Consortium is a group of 12 health care, social service and legal aid organizations that helps North Carolina consumers enroll in affordable health insurance plans under the Affordable Care Act. Members of the consortium are Access East, Capital Care Collaborative, Care Ring, Charlotte Center for Legal Advocacy, Council on Aging of Buncombe County, Cumberland HealthNet, HealthCare Access, HealthNet Gaston, MDC, Partnership for Community Care, and Pisgah Legal Services. The consortium is led by Legal Aid of North Carolina. Learn more at NCNavigator.net.

Media Contacts
Sean Driscoll, 919-856-2132, Director of Public Relations, Legal Aid of North Carolina, seand@legalaidnc.org

Category: Media release

← Back to Healthcare Access

Consumers can call 1-855-733-3711 (toll-free) or visit ncnavigator.net to schedule a free, confidential, in-person appointment with a certified navigator near them

RALEIGH · November 1, 2018 – NC navigators are here to help North Carolinians enroll in affordable, comprehensive health insurance plans on HealthCare.gov during the Affordable Care Act’s sixth open-enrollment period, which starts today and runs through Dec. 15, 2018.

Throughout open enrollment, North Carolina consumers can call 1-855-733-3711 (toll-free) or visit ncnavigator.net to schedule a free, confidential, in-person appointment with a certified NC navigator in their area.

NC navigators are trained to help consumers enroll in coverage on the Health Insurance Marketplace at HealthCare.gov, the online storefront that consumers can visit to browse and enroll in affordable, comprehensive health insurance plans.

NC navigators can help consumers understand the details of the plans available on HealthCare.gov, complete the enrollment process and determine their eligibility for financial assistance. Last year, nine in 10 North Carolinians who enrolled in coverage on HealthCare.gov received financial assistance.

During this open enrollment period, NC navigators will help consumers understand the differences between the comprehensive plans available on HealthCare.gov and the new alternative plans, known as short-term, limited-duration (STLD) insurance, or association plans, which provide less coverage and patient protections than HealthCare.gov plans.

Every insurance plan available on HealthCare.gov provides comprehensive, year-round coverage that includes essential benefits like prescription drugs, hospital visits, mental health care, maternity care, doctor visits and more. HealthCare.gov plans also include important patient protections, including one that prohibits insurers from denying coverage for pre-existing medical conditions. HealthCare.gov plans automatically renew every year, so consumers do not experience gaps in coverage.

The alternative plans, which are not available on HealthCare.gov, do not necessarily provide year-round coverage; do not have to cover essential health benefits like prescription drugs, hospital visits, mental health care, maternity care and doctor visits; allow insurers to deny coverage for pre-existing conditions; and do not automatically renew, which could leave consumers with gaps in coverage.

HealthCare.gov is the only place to get quality, affordable health insurance that covers everything you need,” Mark Van Arnam, co-director of the NC Navigator Consortium, said. “Navigators are here to help North Carolinians understand all their options and find the plan that best meets their needs and fits their budget.”

“We want consumers to know that financial assistance is still available,” Eunice Lee-Ahn, co-director of the Consortium, said. “Most North Carolinians enrolled in a HealthCare.gov plan get financial help that lowers their monthly cost to about the same as a cell phone. Navigators can help consumers determine if they are eligible for financial assistance and sign up for it as part of the enrollment process.”

North Carolinians who are already enrolled in a HealthCare.gov plan will automatically get re-enrolled in 2019 coverage, but navigators are urging consumers to check back in to see if a more suitable plan is available. Rates have dropped in some areas, so consumers might be able to find a plan that offers equivalent or better coverage for cheaper.

# # #

Media Contacts

Mark Van Arnam, Co-Director, NC Navigator Consortium, 704-785-0839, MarkV@legalaidnc.org

The NC Navigator Consortium is a group of seven health care, social service and legal aid organizations that helps North Carolina consumers enroll in affordable, comprehensive health insurance plans on HealthCare.gov, the Health Insurance Marketplace established by the Affordable Care Act. Members of the consortium are Access East, Capital Care Collaborative, Charlotte Center for Legal Advocacy, Council on Aging of Buncombe County, Cumberland HealthNet, HealthNet Gaston, and Legal Aid of North Carolina, which leads the consortium. Learn more at ncnavigator.net.

Legal Aid of North Carolina is a statewide nonprofit law firm that provides free civil legal help to low-income and vulnerable North Carolinians. Learn more at legalaidnc.org or follow us on Facebook, Twitter and YouTube.

Category: Media release

← Back to Education

Black children and children with disabilities at center of complaint

DURHAM | Feb. 22, 2018 – Federal officials in the U.S. Department of Education’s Office for Civil Rights (OCR) will monitor Durham Public Schools (DPS) as part of a resolution agreement that ends a federal investigation into the school district’s discipline practices. The agreement reached earlier this month was sparked by a 2013 complaint filed by Advocates for Children’s Services (ACS) of Legal Aid of North Carolina and the Center for Civil Rights Remedies of the Civil Rights Project of UCLA.

Read the resolution agreement

Read the complaint from 2013

According to the complaint, Black students and students with disabilities in DPS were suspended more frequently than their peers in violation of federal anti-discrimination laws. The resolution agreement requires the district to take immediate action to make its discipline policies and practices more fair and equitable.

“For years, we have seen DPS push Black students and students with disabilities out of school and into the court system at much higher rates than their White and non-disabled classmates,” said Aisha Forte, staff attorney at ACS. “In addition to being unlawful, these exclusionary discipline practices harm individual students and the overall school community. We hope that this resolution agreement will stop the flow of children into Durham’s school-to-prison pipeline and bring about meaningful and lasting change in the district.”

The resolution agreement outlines several action steps that the district must take in the coming year. These steps include:

  • Appointing a Discipline Supervisor to oversee discipline practices across the district;
  • Developing a Discipline Action Plan to ensure discipline referrals and consequences are appropriately and equitably applied regardless of race or disability status;
  • Reviewing and revising current student discipline policies with input from OCR;
  • Ensuring robust data collection and self-monitoring;
  • Providing ongoing training to district staff regarding fair and equitable imposition of discipline;
  • Improving guidelines and data collection for school police;
  • Engaging community stakeholders in the process; and
  • Reviewing alternative school placement procedures.

In response to the multi-year civil rights investigation and growing community pressure to decrease suspensions and address disparities, DPS had already started taking important steps to combat discrimination in the district, including hiring an Equity Director and engaging community stakeholders in reviewing and revising DPS discipline policies. However, despite these efforts, the district saw a spike in the use of suspension last school year, and parents continue to report that their children face discrimination in Durham Public Schools.

“I want to send my son to school every day trusting that his teachers and administrators will support and fight for him like they would any student,” said parent Tajuana Parker, who was one of many parents who shared stories of discrimination with OCR during the course of its longstanding investigation. “However, instead of pushing my son to reach his potential, it too often feels like they are spending their time and energy finding ways to push him out of school.”

OCR will continue to monitor the agreement through at least September 1, 2019. In addition to federal monitoring, various parent and community advocacy groups are calling on the district to take bold action to ensure all children have the same opportunity to succeed.

“We are glad the district is acknowledging this problem and open to taking action,” said Jovonia Lewis, a DPS parent and member of the Education Committee of the Durham Committee on the Affairs of Black People. “However, if DPS truly wants to make things better for Black and Brown children, it will be important to ensure that students and parents of color have a meaningful voice at the table. We are eager to work with the district to bring about the systemic changes needed to make DPS a place where all children can learn and thrive.”

National experts praise the resolution agreement, highlighting its potential to create positive change in the district and enable Durham to serve as a model for districts across the country. “Based on research on what effective practices can do, I anticipate that most leaders and teachers will be happy with the changes, if they are implemented with integrity,” noted Dan Losen, director of the Center for Civil Rights Remedies of the Civil Rights Project and a collaborator on the 2013 complaint to OCR. “The result of this agreement should be improved academic outcomes and improved school climate overall.”

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Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. Advocates for Children’s Services is a special project of Legal Aid that works to dismantle the school-to-prison pipeline in North Carolina through legal advocacy, community education and community collaboration.

Media Contact
Sean Driscoll, Director of Public Relations, Legal Aid of North Carolina, 919-856-2132, seand@legalaidnc.org