Racial Discrimination in Schools
By Darius Spearman (africanelements)
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Federal Lawsuit Against Cumberland Valley School District
A federal lawsuit has been filed against the Cumberland Valley School District in Pennsylvania, alleging racial discrimination and a hostile environment for Black students (fox56.com). This legal action, brought forth by attorneys George Farneth and Nicholas Miller, represents two brothers identified as John Doe 1 and John Doe 2 (fox56.com). Pseudonyms like “John Doe” are commonly used in legal proceedings to protect the identity of individuals, especially minors, involved in sensitive cases. This practice is vital in situations where revealing a person’s real name could lead to privacy violations, safety concerns, or further harm, such as in cases involving alleged abuse or discrimination.
One of the central allegations in the lawsuit is that a math teacher compared an African American student to a monkey by holding up a picture of the animal (fox43.com, local21news.com). The lawsuit further claims that the teacher made derogatory remarks about John Doe 1 to the rest of the class, who then laughed (local21news.com). The student in question was also allegedly referred to as an “angry Black youth” (miamiherald.com). The phrase “Angry Black Youth” carries significant historical and social implications rooted in racial stereotypes. It is a derogatory remark that often serves to criminalize, dismiss, and dehumanize Black young people by associating their expressions of frustration or assertiveness with aggression and danger. This stereotype has been historically used to justify disproportionate disciplinary actions, surveillance, and harsher treatment of Black youth within educational and justice systems, contributing to the school-to-prison pipeline.
Disparities in Educational Support and Discipline
Student Referrals to Law Enforcement (2017–2018 CRDC Data)
The lawsuit also highlights a significant disparity in educational support and disciplinary actions based on race. John Doe 1’s frustrations grew due to a lack of support for a learning disability, and he did not receive the individualized education program (IEP) he needed (miamiherald.com). An IEP is a legally binding document developed for public school students who need special education services. It outlines the student’s current academic performance, sets measurable annual goals, and describes the specific special education and related services, accommodations, and modifications the school will provide to help the student succeed. The IEP is designed to ensure that students with disabilities receive a Free Appropriate Public Education (FAPE) tailored to their unique needs.
Understanding an Individualized Education Program (IEP)
Legally binding plan for special education
Individualized Education Program (IEP): A formal plan that details a student’s present performance, measurable annual goals, and the special education services, accommodations, and modifications required to ensure a Free Appropriate Public Education (FAPE).
Who qualifies
What’s inside
- Present Levels of Academic & Functional Performance (PLAAFP)
- Measurable annual goals & progress reporting
- Services, accommodations, and modifications
- Least Restrictive Environment (LRE) placement
Who’s on the team
Timelines & rights
- Annual review; triennial reevaluation
- Parent consent & participation
- Procedural safeguards under IDEA
While white students reportedly received necessary learning support, John Doe 1 did not, leading him to repeat courses (miamiherald.com). The lawsuit alleges that when the Black student was targeted by peers for his race, he was unfairly punished, while white students received lesser or no punishments (miamiherald.com). Another incident cited in the lawsuit involves a science teacher reading a list of John Doe 1’s alleged behavioral issues and misconduct in front of the class (local21news.com). In an educational context, a hostile environment refers to a situation where unwelcome conduct based on a protected characteristic, such as race, is so severe, pervasive, or objectively offensive that it interferes with a student’s ability to participate in or benefit from the school’s educational programs. This can include harassment, intimidation, or other behaviors that create an intimidating, hostile, or offensive learning environment.
A Pattern of Discrimination
Attorneys representing the students believe this lawsuit is part of a larger pattern of discrimination within the Cumberland Valley School District. Lawyers state that more lawsuits against the district are expected, describing the situation as an “epidemic” (fox56.com). Attorney George Farneth stated that the school district is “not listening” and “not taking the steps necessary to address the problem” (fox56.com). The lawsuit accuses school leaders of fostering a culture of discrimination (fox56.com).
A “culture of discrimination” in schools is fostered by a pattern of behaviors and policies that perpetuate unequal treatment and opportunities based on protected characteristics. This can include biased disciplinary practices, where harsher punishments are consistently applied to certain student groups for similar infractions. It can also involve a lack of diversity and cultural competency among staff, where the school staff does not reflect the student body’s diversity and lacks training in cultural sensitivity and implicit bias. Furthermore, ignoring or dismissing complaints about discrimination or harassment contributes to such a culture. The use of discriminatory language and attitudes by staff or students that go unaddressed also plays a role. Unequal access to resources, such as disparities in access to advanced courses, extracurricular activities, or support services based on race, can also foster discrimination. Finally, an over-reliance on law enforcement, referring students to law enforcement for minor infractions that could be handled internally, disproportionately affecting certain groups, is another contributing factor.
Statistical Evidence of Disparities
Statistical data from the U.S. Department of Education indicates significant racial disparities in student referrals to law enforcement. The Civil Rights Data Collection (CRDC) from 2017-2018 shows persistent racial disparities in student involvement with police, including referrals and arrests (tableau.com). The CRDC is a biennial survey conducted by the U.S. Department of Education’s Office for Civil Rights (OCR). Its purpose is to collect data on key education and civil rights issues in public schools across the United States. The CRDC gathers information on student enrollment, demographics, educational programs and services, and disciplinary actions, disaggregated by race, ethnicity, sex, and disability status. This data is used to ensure compliance with civil rights laws, identify disparities, and inform policy decisions aimed at promoting educational equity.
This data, available at the school-district level, allows for exploration of trends across states and highlights disparities in disciplinary actions (tableau.com). “Student referrals to law enforcement” typically mean that school officials have contacted or involved police or other law enforcement agencies regarding a student’s behavior or an incident that occurred on school grounds. The process can vary, but it often involves school administrators deciding that an incident warrants external intervention rather than internal school discipline. Consequences can range from informal conversations with juvenile justice workers to formal juvenile complaints, arrests, and entry into the juvenile justice system. These referrals can have significant long-term impacts on students, including negative academic outcomes, increased likelihood of future justice system involvement, and psychological distress (brookings.edu). Approximately 1.6% of all school disciplinary offenses result in formal juvenile complaints (brookings.edu). The term “referral” can broadly cover outreach to county social services or simply a conversation with a juvenile justice case worker (the74million.org).
Understanding Racial Discrimination in Schools
Racial discrimination in schools involves treating students differently or unfairly based on their race, leading to adverse impacts on their educational experiences, opportunities, or outcomes. This can manifest in various ways, including biased disciplinary actions, unequal access to resources or programs, discriminatory remarks, or the creation of a hostile environment. Such discrimination can be explicit or implicit, systemic, and can perpetuate inequalities within the educational system. Disparities in educational support and disciplinary actions can stem from a variety of mechanisms and policies, both explicit and implicit. These can include subjective disciplinary codes, a lack of cultural competency among staff, insufficient training on implicit bias, inadequate resources for diverse student populations, and the over-policing of schools. For instance, broad interpretations of “law enforcement referral” can inflate data, and different counties may approach disciplinary problems differently, leading to inconsistencies (the74million.org). The absence of clear, equitable policies and consistent implementation can exacerbate these disparities.
Civil rights lawsuits against school districts are typically filed under various federal statutes that prohibit discrimination. Key statutes include Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. This is a common basis for racial discrimination claims in schools. Additionally, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs and activities receiving federal financial assistance. Title II of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability by public entities, including public schools, regardless of federal funding. The Individuals with Disabilities Education Act (IDEA) ensures that children with disabilities have access to a free appropriate public education (FAPE) and provides procedural safeguards for parents. Finally, 42 U.S.C. § 1983 allows individuals to sue state and local government officials for violations of their constitutional rights, including rights protected by the Fourteenth Amendment’s Equal Protection Clause, which prohibits racial discrimination.
Impact on Students and the Path Forward
The long-term effects on students involved in discrimination cases extend beyond general mentions of PTSD and depression. These impacts can include a decline in grades, decreased engagement in school, increased truancy, or withdrawal from academic pursuits. Social-emotional development can be affected, leading to anxiety disorders, social isolation, difficulty forming trusting relationships, or changes in self-esteem and identity. Behavioral changes, such as increased aggression or withdrawal, can stem from trauma or frustration. The incidents can also impact future educational and career paths, affecting college aspirations, career choices, or overall life opportunities due to negative school experiences. Stress-related physical ailments, such as chronic headaches or sleep disturbances, may also arise. In some cases, students may develop unhealthy coping mechanisms or increased vulnerability to substance abuse. The family unit can also experience strain, increased parental stress, or financial burdens due to seeking support or legal recourse. However, in some instances, these experiences can also foster resilience, advocacy skills, or a commitment to social justice, albeit at a significant personal cost.
To provide a fuller picture of a school district’s response to discrimination allegations, information beyond a simple statement of not being served would be crucial. This includes details of any internal investigations conducted by the district into the allegations, information on any new or revised policies implemented to address discrimination, bias, or disciplinary disparities, and evidence of training programs for staff on cultural competency, implicit bias, de-escalation techniques, and equitable disciplinary practices. Descriptions of new or enhanced support services for students who have experienced discrimination or trauma, efforts to engage with parents, students, and community organizations to address concerns and build trust, and commitments to regularly review and analyze disciplinary and academic data, disaggregated by race and other demographics, to identify and address disparities, are also important. A history of previous discrimination complaints and how they were resolved, along with any specific corrective actions taken in response to past incidents or findings of discrimination, would also contribute to a comprehensive understanding. The Cumberland Valley School District’s response to these allegations will be closely watched as the legal process unfolds.
ABOUT THE AUTHOR
Darius Spearman has been a professor of Black Studies at San Diego City College since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.
