Topic: Education

← Back to Education

DAVIDSON COUNTY – Our Right to Education Project filed a federal complaint today with the U.S. Department of Education’s Office for Civil Rights on behalf of a 14-year-old Black student and her family against Davidson County Schools (DCS). The complaint highlights a pervasive pattern of racial discrimination and harassment experienced by the student while attending Oak Grove High School during the 2021-2022 school year.

“I moved my family to Davidson County with the hopes of giving my children a better quality of life,” D’Shean Smith, the parent of the student named in the complaint, said. “Unfortunately, our relocation has been a living nightmare due to the discrimination and unfair treatment my oldest daughter experienced at Oak Grove. I am still in disbelief by some of the things my daughter experienced at school simply because of the color of her skin.”

The incidents of racial harassment and discrimination span over the course of three months, and include, but are not limited to:

  • Failing to discipline a group of white students for openly discussing pronunciation of the word “n*gger” in our client’s presence and then calling her “a n*gger”;
  • Punishing our client for going to the bathroom without permission while menstruating, while not punishing a white student who accompanied her;
  • Further punishing our client for expressing frustration about the incident; and
  • Failing to aid our client or allow her to call her mother while she suffered an extended anxiety attack caused by the discriminatory treatment.

“In a school district with so few Black students, administrators, and teachers, Black students must feel safe and supported at school,” said Crystal S. Ingram, staff attorney for our Right to Education Project who filed the complaint on the student’s behalf. “Students’ reports of racial discrimination must be taken seriously and investigated. When school leaders fail to properly investigate the reports of Black students, they thereby fail to effectively address and eliminate racism in schools. This results in maintaining a hostile and toxic school environment created by the misconduct of white students and teachers at the expense of the mental well-being of Black students.”

Taken as a whole, these incidents of racial harassment and discrimination amount to a violation of Title VI of the Civil Rights Act of 1964, which prohibits the exclusion from participation in, being denied the benefits of, or otherwise being subjected to discrimination on the ground of race, color or national origin under any program or activity that receives Federal funds. The complaint further alleges violations of our client’s rights under Section 504 of the Rehabilitation Act of 1973 and Title IX of the Education Amendments of 1972.

The pervasive pattern of racial harassment and discrimination against our client greatly exacerbated her pre-existing and well-documented depressive and anxiety disorders. Her self-confidence decreased, she experienced physical pain in her stomach, and she consciously avoided interactions with her teachers. Our client’s experiences at Oak Grove High School reduced her desire to attend school, resulting in her switching from in-person instruction to virtual learning for the remainder of the school year.

The following remedies are sought on behalf of the student:

  • A comprehensive investigation by the Office for Civil Rights of all the incidents documented in the complaint;
  • Appropriate and timely discipline of all DCS administrators, faculty and staff members who violated the student’s rights, DCS policies and expectations of employee conduct;
  • Training of school administrators, personnel and students on racial and national origin discrimination, and serving students with mental health disorders;
  • Payment of costs associated with therapeutic counseling, the student’s transfer to another school system, and a program to address the trauma and social harms she experienced due to the discrimination; and
  • Recalculation of certain grades.

“There is no acceptable excuse for our Black kids to experience the racism that this young queen had to face,” said Frankie Gist, community activist and founder of Hope Dealers Outreach. “Something must and will be done. The Davidson County School System and Oak Grove High School failed her. As a community, we cannot sit back and allow what they did to her to be swept under the rug. If we sit back, we fail her as well. My team at Hope Dealers Outreach and I stand with her. Her life matters!”

The pattern of pervasive discrimination and the tolerance of a racially hostile environment described above is endemic to DCS. They are no stranger to local, state-wide, or national attention on matters of racial conflict.

In 2018, the Winston-Salem Journal reported on a brawl that broke out during a high school football game when a white player from the predominately white South Davidson High School was tackled by a Black player from a neighboring predominately Black high school. The brawl started after the tackle when the white student called the Black student the “n-word.”

In 2019, South Davidson High School made national news in The Washington Post when a white student painted “Kill N*ggers!” on the school’s “spirit rock” and a group of students recorded a video of themselves with the phrase clearly visible to its viewers.

At Oak Grove High School, Black students make up just 4% of the student body, and the percentage of Black girls is merely 2%. According to the school’s statistical profile for 2022, the student named in the complaint was one of 17 Black girls in the school’s student body of 895 students.

“I was treated unfairly at Oak Grove compared to white students on so many occasions,” the student named in the complaint stated. “At this predominately white high school, the racial discrimination and daily challenges I faced made me feel isolated and unfit, but I know that what happened to me does not define me or my future.”

Read our complaint.

# # #

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. Learn more at legalaidnc.org.

Our statewide Right to Education Project (REP) focuses on protecting the rights of children in public schools. REP cases involve student discipline, alternative schools, enrollment, discrimination, school security personnel, special education, bullying and academic failure. Learn more at legalaidnc.org/rep.

Follow Legal Aid of North Carolina on Facebook, Twitter, Instagram, LinkedIn and YouTube. Need legal help? Call 1-866-219-5262 (toll-free) or apply online at legalaidnc.org/apply.

Media contact 

Helen Hobson, Public Relations Associate, helenh2@legalaidnc.org

Topic: Education

← Back to Education

In this session, join school-based MTSS (multi-tiered systems of support) experts in a discussion about what MTSS is, how it should be operating in schools to improve overall school climate and student success, and how parents can most effectively advocate to ensure that their students are receiving individualized supports in the regular education environment.

Topic: Education

← Back to Education

In this session, join a panel of parents for a lively discussion about their struggles and successes in advocating for their students. In addition to sharing individual advocacy strategies, they will discuss their work to amplify the voices and concerns of other parents and students within their school system, and will provide concrete tips for parents seeking creative ways to engage and advocate in the coming school year.

For the full PowerPoint, go to https://tinyurl.com/parentpower101
For the full Toolkit, “Education Advocacy in Action: A Toolkit for Parents, Caregiver, Students, & Youth Justice Advocates” go to https://tinyurl.com/EducationToolkit

Topic: Education

← Back to Education

In this session Jen Story, REP’s managing attorney, and Katie Haberman, a REP social worker, will provide parents/caregivers with an overview of their legal rights to school enrollment, along with practical strategies for ensuring that students are promptly enrolled in and given meaningful access to the school environment. In addition to covering enrollment protections for all students, this session will focus on unique enrollment rights for students who are living apart from their parents due to crisis situations, students and families who are homeless and/or living in unstable situations, and students in foster care.

Topic: Education

← Back to Education

CHARLOTTE—The application period for the state Extra Credit Grant program has been extended. The deadline to apply is now December 7, 2020, at 2 p.m.

The Extra Credit Grant program provides eligible North Carolinians with a one-time grant of $335 to cover costs related to virtual schooling and childcare during the pandemic.

The state extended the application period because of a lawsuit brought by the law firm of Robinson Bradshaw on behalf of the Charlotte Center for Legal Advocacy and Legal Aid of North Carolina.

You only need to apply for the Extra Credit Grant program if all of the following statements are true:

  • You have not already received your grant
  • You have not already applied for the grant
  • You did not file a 2019 state tax return solely because your 2019 income was less than $20,000 for a married couple, $15,000 for a head of household, and $10,000 for a single person
  • You lived in North Carolina for all of 2019
  • You had at least one qualifying child who was age 16 or under in 2019

To learn more about eligibility:

Click here to apply for your Extra Credit Grant at 335forNC.com.

Topic: Education

← Back to Education

Daisy Requeno, a bilingual paralegal in our Central Intake Unit, tells you want you need to know–in English and Spanish–about North Carolina’s Extra Credit Grant program, which provides $335 to some parents/guardians to cover costs associated with virtual schooling and childcare.

Topic: Education

← Back to Education

RALEIGH—Legal Aid of North Carolina’s systemic state complaints against Guilford County Schools and Vance County Schools have been resolved. The complaints, filed on May 29 with the N.C. Department of Public Instruction, allege that the school systems violated federal and state law by failing to provide special-education services to minor students with disabilities while they were incarcerated in adult jails.

Legal Aid of North Carolina’s education-justice unit, Advocates for Children’s Services, filed the complaints on behalf of three high school students—two in Guilford County and one in Vance County—who allege that they received no educational services whatsoever while they were incarcerated.

The Guilford County complaint was resolved via confidential agreement with Guilford County Schools. The Vance County complaint was resolved via an investigation by the N.C. Department of Public Instruction. More information, including links to documents, follows.

Guilford County

Legal Aid was pleased with the opportunity to work with Guilford County Schools (GCS) to advance policies and procedures, some of which were already underway by the district, that will enable GCS to improve services for incarcerated students with disabilities by:

  • Reviewing and revising current procedures to require that all GCS students with disabilities incarcerated in any Guilford County jail receive appropriate special educational services;
  • Designating an employee to be responsible for ensuring legally compliant special educational services for students incarcerated in local jails for more than ten school days as well as continuity of educational services when the students exit from local jails;
  • Training special education staff regarding appropriate special educational services for incarcerated students; and
  • Conducting an internal audit for the 2019-2020 school year to determine whether special education services and related safeguards were properly afforded to GCS students with disabilities who were incarcerated in local jails for more than 10 school days and had an Individualized Education Program (IEP) during incarceration.

Moving forward, it is the hope and desire of both GCS and Legal Aid to continue to look for opportunities to collaborate for the benefit and support of incarcerated students with disabilities.

Learn more

Vance County

The N.C. Department of Public Instruction’s investigation into our complaint uncovered widespread violations of the rights of incarcerated students with disabilities in Vance County Schools (VCS). The department has mandated VCS to follow a corrective action plan, which includes:

  • Various trainings for staff, not only regarding incarcerated students but also various general procedural requirements for students with disabilities;
  • Development of procedures to serve students incarcerated in the local jail;
  • Compensatory education for the named student in the complaint; and
  • Identification of eligible students who were incarcerated without services with the named complainant for the purposes of providing them with compensatory education.

A parent involved with the VCS complaint stated, “I’m grateful that this situation got resolved. I’m glad that the decision will help my son to get the skills he needs to be a productive citizen, and I’m just as glad that it will help other kids in his situation to do the same.”

Learn more

Tessa Hale, lead attorney for the cases, expressed satisfaction with outcomes in both counties, stating, “As the country turns its gaze towards the criminal justice system, we must confront every way in which our youth get funneled into the system without hope of making a successful exit. Providing them with the education they are legally entitled to is a positive step towards making sure that incarceration does not become a dead end for students.”

The resolution of these complaints comes at a time when the population of youth incarcerated in adult jails has shrunk significantly. As a result of a new state law which went into effect on August 1, 2020, no more minors will be held in adult jail. Still, because the right to special education continues for students who are 18 to 21 and have not yet graduated, both the developments in GCS and VCS will help ensure that eligible incarcerated students at all stages receive the special education services they are entitled to. Further, some students who may be identified through audits and who were improperly served before the law was passed will now be entitled to remedies.

# # #

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