Mark S., et al. v. State of California, et al. (Education Equity)

The State of California and Pittsburg Unified School District have maintained a separate, unequal, and illegal educational system where Black students, children of color with disabilities and English learners have been segregated in substandard learning environments, excluded from classrooms altogether through the use of unwarranted suspensions and expulsions, and as a result, denied their constitutional right to a public education.

On September 13, 2021, two students, two parents of former students, and a current teacher, filed a claim in Contra Costa County Superior Court, against the State Board of Education, State Superintendent of Public Instruction Tony Thurmond, the State of California, and Pittsburg Unified School District. The complaint alleges the state and district’s unlawful practices harm thousands of its most marginalized students, primarily children of color.

On March 9, 2022, the Contra Costa County Superior Court rejected an effort by the State of California, the California Department of Education, the State Board of Education, the State Superintendent of Public Instruction, and the Pittsburg Unified School District to dismiss the lawsuit by overruling Defendants’ demurrers to the complaint. The Court recognized the State of California’s duty to protect the rights of disabled and non-disabled students of color to a basic education, and to address and eliminate racial segregation. Judge Weil held, in an issue of first impression and a landmark ruling, that disabled students have a constitutional right to a Free and Appropriate Public Education. The Court rejected arguments made by the State and District Defendants that disabled and non-disabled students of color had no valid claims. Statistics show that the District ranks among the worst in the State with respect to segregation and academic achievement for disabled students, and it lags far behind in disproportionate discipline of Black, Indigenous and other students of color. This crucial win for students of color, with and without disabilities, allows them to advance their lawsuit and hold the State and District Defendants accountable to end discriminatory practices in school districts. In March 2023, the Plaintiffs and the District entered into settlement negotiations which are ongoing.

On June 21, 2024, Plaintiffs and all State Defendants entered into a settlement agreement that requires the State to strengthen its monitoring and oversight of school districts to prevent systemic discrimination against Black students, students with disabilities, and English learners. 

On October 23, 2024, Plaintiffs and Pittsburg Unified School District entered into a settlement agreement that requires Pittsburg Unified to comprehensively assess and implement expert-directed improvements to its special education and student discipline programs; post the experts’ biannual reports on the District’s website and place those reports on the agenda for public discussion at School Board meetings; issue a verbal statement from the Board recognizing that the District’s practices have not always matched the District’s commitment to an equitable learning environment; provide compensatory education to the two student plaintiffs; and notify the school community about complaint processes for students, families, and community members who wish to complain to the District or State about discrimination against District students in the special education or student discipline programs.

The Plaintiffs are represented by the ACLU of Northern California Foundation, the ACLU of Southern California Foundation, Disability Rights Education & Defense Fund, and Steptoe LLP.

Learn more:

ACLU Sues Bay Area School District over "Separate and Unequal" Special Education Programs

ACLU Sues Pittsburg School District over "Separate, Unequal, and Illegal" Special Education Program

"Separate and Unequal" ACLU Magazine Spring 2023

State Authorities Agree to More Hands-On Approach to Tracking Discrimination in California Schools

Want to learn more about students’ rights? Please visit www.myschoolmyrights.com, which has Know Your Rights materials about Student Disability Rights, School Discipline, and Harassment & Bullying, among other topics.