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Correcting a King Day Comment on Schools

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Is Little Done?

Sr. Montero pretty much implied that the schools do very little regarding racism. I may have misunderstood his sentiments. I have included lengthy citations from both the California Education Code and the Culver City Unified School District’s policies as they relate to student equality and similar subjects. Much is documented as it relates to the mandated direction to be taken in matters of terrorism, threats and actual racism. Included is when a student may be expelled from the schools for actions taken against another student or even a staff member.

As I did not do a thorough search, I am certain that we, the School District, have additional policies to protect each and every student.

The Crucial Juncture

Where things may break down is the follow-through. That is possibly where Sr. Montero gets his impression that not enough is being done in our schools. Student protection is one of the MOST important aspects, next to academics, that we offer our student community. The adults on the campuses have control of the student’s daytime school hours. Advocating for the students, protecting the students and reporting these kinds of negative actions are expected, actually mandated, of the adults on the campus.

Further, we have incorporated the Character Counts Program as well as other similar kinds of programs to direct and empower our students.

Below are direct statements from the California Education code

233.5. (a) Each teacher shall endeavor to impress upon the minds of the pupils the principles of morality, truth, justice, patriotism, and a true comprehension of the rights, duties, and dignity of American citizenship, and the meaning of equality and human dignity, including the promotion of harmonious relations, kindness toward domestic pets and the humane treatment of living creatures, to teach them to avoid idleness, profanity, and falsehood, and to instruct them in manners and morals and the principles of a free government.

(b) Each teacher is also encouraged to create and foster an environment that encourages pupils to realize their full potential and that is free from discriminatory attitudes, practices, events or activities, in order to prevent acts of hate violence, as defined in subdivision (e) of Section 233.

SECTION 200-201 200. It is the policy of the State of California to afford all persons in public schools, regardless of their sex, ethnic group identification, race, national origin, religion, mental or physical disability, or regardless of any actual or perceived characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, equal rights and opportunities in the educational institutions of the state. The purpose of this chapter is to prohibit acts which are contrary to that policy and to provide remedies therefore.

201. (a) All pupils have the right to participate fully in the educational process, free from discrimination and harassment.

(b) California’s public schools have an affirmative obligation to combat racism, sexism, and other forms of bias, and a responsibility to provide equal educational opportunity.

(c) Harassment on school grounds directed at an individual on the basis of personal characteristics or status creates a hostile environment and jeopardizes equal educational opportunity as guaranteed by the California Constitution and the United States Constitution.

(d) There is an urgent need to prevent and respond to acts of hate violence and bias-related incidents that are occurring at an increasing rate in California’s public schools.

(e) There is an urgent need to teach and inform pupils in the public schools about their rights, as guaranteed by the federal and state constitutions, in order to increase pupils’ awareness and understanding of their rights and the rights of others, with the intention of promoting tolerance and sensitivity in public schools and in society as a means of responding to potential harassment and hate violence.

(f) It is the intent of the Legislature that each public school undertake educational activities to counter discriminatory incidents on school grounds and, within constitutional bounds, to minimize and eliminate a hostile environment on school grounds that impairs the access of pupils to equal educational opportunity.

(g) It is the intent of the Legislature that this chapter shall be interpreted as consistent with Article 9.5 (commencing with Section 11135) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Sec. 1981, et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. Sec. 1681, et seq.), Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a).

Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), the federal Equal Educational Opportunities Act (20 U.S.C. Sec. 1701, et seq.), the Unruh Civil Rights Act (Secs. 51 to 53, incl., Civ. C.), and the Fair Employment and Housing Act (Pt. 2.8 (commencing with Sec. 12900), Div. 3, Gov. C.), except where this chapter may grant more protections or impose additional obligations, and that the remedies provided herein shall not be the exclusive remedies, but may be combined with remedies that may be provided by the above statutes.

This portion deals with expulsions and some of the kinds of activities that lead to legal expulsion.

8900.3. In addition to the reasons set forth in Sections 48900 and 48900.2, a pupil in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has caused, attempted to cause, threatened to cause, or participated in an act of, hate violence, as defined in subdivision (e) of Section 233.

8900.4. In addition to the grounds specified in Sections 48900 and 48900.2, a pupil enrolled in any of grades 4 to 12, inclusive, may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has intentionally engaged in harassment, threats, or intimidation, directed against school district personnel or pupils, that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment.


Now, here are some cites from some of our policies

Students BP 5145.3 (a)

NONDISCRIMINATION/

HARASSMENT (continued)

An employee who permits or engages in student harassment may be subject to disciplinary action, up to and including dismissal. Any student who feels that he/she is being harassed should immediately contact the principal or designee or the nondiscrimination coordinator. If a situation involving harassment is not promptly remedied by the principal or designee it may be referred to the nondiscrimination coordinator. A complaint may be filed with the Superintendent if the complaint is not promptly remedied by the nondiscrimination coordinator.

Students BP 5145.9 (a)

HATE-MOTIVATED BEHAVIOR

The Governing Board affirms the right of every student to be protected from hate-motivated behavior. It is the intent of the Board to promote harmonious relationships that enable students to gain a true understanding of the civil rights and social responsibilities of people in our society. Behavior or statements that degrade an individual on the basis of his/her race, ethnicity, culture, heritage, gender, sexual orientation, physical/mental attributes, political beliefs, religious beliefs or practices shall not be tolerated.

Any student who feels that he/she is a victim of hate-motivated behavior shall immediately contact the principal or designee. If the student believes that the situation has not been remedied by the principal or designee, he/she may file a complaint in accordance with district complaint procedures.

Staff who receive notice of hate-motivated behavior or personally observe such behavior shall notify the principal, Superintendent or designee, and law enforcement, as appropriate. Students demonstrating hate-motivating behavior shall be subject to discipline in accordance with Board policy and administrative regulation.

Students BP 5145.9 (b)

In addition, the district shall provide counseling and appropriate sensitivity training and diversity education for students exhibiting hate-motivated behavior. The district shall also provide counseling, guidance and support, as necessary and at district discretion, to those students who are the victims of hate-motivated behavior.

The Superintendent or designee shall ensure that staff receive appropriate training to recognize hate-motivated behavior and methods for handling such behavior in appropriate ways.

The district shall provide age-appropriate instruction to help promote understanding of and respect of human rights.


Marla Wolkowitz is president of the School Board.