September 1, 2020 VIA EMAIL Eimear O’Farrell, Ed.D. Clovis Unified School District 1450 Herndon Avenue Clovis, CA 93611 eimearofarrell@cusd.com RE: Uniform Complaint Procedure Complaint re: Clovis Unified School District’s Failure to Comply with the California Department of Education and Clovis School Board’s Requirements Pertaining to Racially Hostile Environments, Retaliation, and Disparate Discipline Dear Superintendent O’Farrell, The American Civil Liberties Union Foundation of Northern California (“ACLU”) submits the following Uniform Complaint Procedure (“UCP”) complaint regarding Clovis Unified School District’s (“District”) failure to comply with the California Department of Education and Clovis Unified School Board’s requirements pertaining to racially hostile environment, on behalf of through his father, Dr. This complaint details how Clovis High School (“CHS”) staff and District leadership discriminated against our client; illustrates how our client’s civil and constitutional rights were violated; and enumerates the appropriate remedies. 1. District Climate for Black Students The District’s hostility and apathy towards Black students has been well-documented by both advocates and the press in recent months. As news organizations have widely reported, the District has time and again failed to discipline students who racially abuse Black students1, has allowed teachers to racially abuse students of color2, has fired District employees for expressing 1 See, e.g., “As Clovis Unified Aims to Combat Racism, Complaints About Slurs Continue” Fresno Bee, Feb. 2018, available at https://www.fresnobee.com/news/local/education-lab/article199021119.html; “‘Let’s Race our Slaves.’ Were these Messages Sent by Clovis Unified Students?” Fresno Bee, Sept. 2017, available at https://www.fresnobee.com/news/local/article176383386.html 2 See “Clovis Teacher Told Student ‘Go Back to Your Country’ for Sitting During Pledge, Report Says” Fresno Bee, Feb. 2019, available at https://www.fresnobee.com/news/local/education-lab/article199678934.html 1 support for the Black Lives Matter movement3, and has responded to reports of racial abuse with mealy-mouthed calls for diversity that have not addressed the serious issues in the District.4 The District’s schools, to put it simply, are not a welcoming place for Black students. In fact, even the District’s advertising of its programs fails to portray a welcoming, diverse environment.5 The ACLU has intervened in the past as well because of the racially insensitive remarks and actions by District staff towards Black students. Indeed, our client William Pleasant was a Black biracial senior in the District who District staff told him that he either cut his afro or he would not be able to enroll in classes. When he asked for a cultural exemption, District staff told William that Black students did not have culture that would meet the requirements of a dress code exemption. Moreover, the District disparately disciplined another Black ACLU client who was involuntarily transferred over a sexting message off campus during the summer. The same discipline measures were not in place for non-Black students for similar behavior. Recently, the Fresno State chapter of the National Association for the Advancement of Colored People (“NAACP”) released the results of a survey of over 4,000 former alumni of the District. The survey, which was conducted in June 2020, highlights the pervasive racism and racial harassment suffered by Black alumni of the District at the hands of both other students and staff. According to NAACP representatives, numerous survey respondents who identified as a person of color or LGBTQ “said they experienced verbal, physical or sexual abuse, including rape.”6 Other respondents reported that their complaints to District staff went ignored.7 California Department of Education (“CDE”) data8 also shows that Black students in the District are disciplined at disproportionate rates compared to white students: in 2018-19, despite representing only 3.2% of the students in the District (and 2.4% of students at CHS), Black students represented 7.2% of all suspensions (and 7.4% at CHS). CDE data shows that Black students are suspended at over three times the rate of white students at CHS – 12.8% for Black students versus 3.8% for white students. Likely due to this hostile environment, Black students in the District also graduate at lower rates (88.7% versus 94.7% for white students) and meet UC/CSU requirements at lower levels (52% of Black graduates met UC/CSU levels in 2018-19, versus 64% of white graduates). In this environment, our client has unsurprisingly struggled. As the only Black student in many of his classes, he often feels alienated and undervalued by District teaching staff. His repeated experiences with racially hostile treatment from District teachers   3 See “A Teacher Wore a Black Lives Matter Pin to Class. Now He is Banned from a Clovis School” Fresno Bee, Dec. 2016, available at https://www.fresnobee.com/news/local/education-lab/article118591388.html 4 See “Clovis Students Faced ‘Unchecked’ Racism, NAACP Says. Schools Confront Troubled History” Fresno Bee Jun. 2020, available at https://www.fresnobee.com/news/local/education-lab/article243577847.html  5 See “All the Faces on this School Catalog are White. Clovis Unified Must Do Better in 2020.” Fresno Bee August 2020, available at https://www.fresnobee.com/opinion/opn-columns-blogs/marekwarszawski/article244785572.html 6 See “Clovis Students Faced ‘Unchecked’ Racism, NAACP Says. Schools Confront Troubled History” Fresno Bee Jun. 2020, available at https://www.fresnobee.com/news/local/education-lab/article243577847.html  7 Id.  8  Available at https://dq.cde.ca.gov/dataquest/     2   have underscored that alienation, driving the coming year. ’s parents to decide to move out of the District in 2. Client is a Black junior at Clovis High School in Clovis Unified School District. Since the eighth grade, has faced racist, insensitive, and profiling behavior from his English teachers at the District. While was in the 8th grade, his English and History teacher Ms. Lisa Brown profiled him at a book fair, searching him without his consent. In the 9th grade, his English teacher Ms. Katherine Urrutia read a novel with the N-Word aloud and refused to censor the word as she read. His sophomore year, his 10th grade English teacher, Mrs. Lori Herb, refused to accommodate ’s 504 Plan, which was developed in part due to mounting anxiety over the actions of his racially hostile teachers. That same teacher later attempted to read a novel containing the N-Word aloud to ’s class without censoring the word. After Dr. intervened, Mrs. Herb canceled the book assignment, but then played a film containing the N-Word without parents’ permission. Due to this racially hostile environment, ’s grades have plummeted, his attendance at classes has slipped, and he has grown to dread going to school every day. Only the mandatory distance learning prompted by the coronavirus pandemic has averted ’s entire alienation from CHS. While would like to return to CHS upon the resumption of in-person classes, he reasonably fears further racially hostile incidents at the hands of his teachers. He feels he is being pushed out of the District through the actions of his teachers and failure to act by the District. The District is on notice that CUSD schools create a racially hostile environment because of Dr. persistent advocacy. The District is also on notice of the serious failures to reasonably accommodate ’s disability because of the same advocacy. The District has failed to act or intervene despite having this information. 3. Racially Hostile and Discriminatory Behavior by District Staff has been subjected to at least four separate incidents of racial and/or disability discrimination by District teachers over his three years in District schools. These incidents have come at the hands of multiple District teachers and have wholly alienated him from the District, ruining his grades and mental well-being. They continue to have an impact on ’s ability to concentrate and feel safe and welcome in the District. A. Profiling Incident in December 2017 On December 7, 2017, while an 8th Grade student at Clark Intermediate School, attended a book fair that was organized by his English and History teacher, Ms. Lisa Brown. At the time, was the only Black student in his class. While looking at the books at the book fair, company watching him from behind the front desk as looking at the books. As he looked at the books,   3   noticed an employee of the book fair walked up and down the rows saw the man walk over to his teacher and whisper something in her ear. Ms. Brown then demanded come over to her and told him to open his jacket. Without asking his permission, Ms. Brown searched by patting him down, frisking his coat and pockets in front of the other students. After finding nothing in ’s coat, Ms. Brown told him to go back to what he was doing. It is unclear what Ms. Brown believed she would find. She never actually stated the purpose of this search to After hearing what had happened, Dr. objected to the discriminatory search in an email to the school principal, Teresa Barber. See Dec. 12, 2017 Email re Racial Profiling Incident, enclosed hereto as Exhibit A. In a subsequent meeting, Ms. Barber told Dr. that the District had ended its relationship with the vendor but failed to promise an investigation into Ms. Brown’s actions, who was still in employ of the District and the school that would continue to attend. This incident rightfully changed ’s relationship with Ms. Brown and with the District as a whole. Before the incident, Ms. Brown was a teacher felt he could trust and respect. After this happened, he felt uncomfortable every time he was around her. After the incident, began to feel that he could not trust any of his teachers, as he worried that any of them may profile him as Ms. Brown did. Unfortunately, was exposed to racially hostile treatment by his English teacher the next year as well. B. Racially Hostile Book Reading in December 2018 In December 2018, ’s 9th grade English teacher, Ms. Katherine Urrutia, said that the class was going to read the novel Of Mice and Men. Ms. Urrutia told the class that the novel contained the N-Word but said that she was not going to censor the word when she read the book out loud because she did not believe in censorship. Ms. Urrutia then took the students through an exercise on whether the N-word should be read in class or not. After a brief discussion, she said that she would read the word aloud because, again, she did not believe in censorship. Ms. Urrutia then read Of Mice and Men out loud to the class and said the word multiple times, again and again. and the only other Black student in the class sat stunned as they heard the N-Word read again and again. ’s recounting of this incident – in which he repeatedly remarked that he felt frozen at the time, unable to cope with the sudden repetition of the most hateful word in the English language – makes clear that this was a deeply traumatic experience, one that deeply altered ’s relationship both with his teacher and with the District at large. Especially for the next two weeks, this incident was all that was on his mind despite his best efforts to dismiss the memory. A year and a half later, reported still feeling triggered by the incident, as every incident of racial hostility triggered his recollections of Ms. Urrutia’s actions. After this incident, felt very overwhelmed in school. His schoolwork piled up. It became very hard for him to listen to Ms. Urrutia or pay attention in class. Whereas before he felt that Ms. Urrutia was a symbol of authority, he now felt that his teacher had abused her authority to repeat a hateful word without regard for how it may impact him or other Black students in his class. His grades plummeted. Before this incident, felt very comfortable   4   at CHS, but after – again like the 8th Grade incident at the book fair – he felt very isolated and alienated. C. Lack of 504 Accommodations in 10th Grade English Class Due to these discriminatory incidents, began to feel increasingly anxious and struggled to focus in school starting in the spring of 2019. The following fall, given ’s continued struggles in school, his parents requested that the school evaluate for a learning disability and create a 504 Accommodation Plan to help focus in class. See Sept. 30, 2019 504 Plan Referral, enclosed hereto as Exhibit B. Following an evaluation on November 4, 2019, District staff verified that has “mild deficits in attention processing” and created a 504 Plan to help focus in class. See Nov. 4, 2019 504 Plan, enclosed hereto as Exhibit C. The 504 Plan repeatedly emphasizes that struggles pay attention in class, that he is “easily distracted” during classes, and that he “has to be reminded to get back on task. Id at 4. After the development of his 504 Plan, cooperatively worked with most of his teachers and built up better trust with them. His English teacher, Mrs. Lori Herb, however, refused to follow ’s 504 Plan and dismissed his parents’ concerns at meetings in the fall of 2019. On October 10, 2019, Dr. emailed Mrs. Herb to request a meeting so that they could discuss ’s failing English grades. ’s parents met with Mrs. Herb on October 16, 2019. At that meeting, ’s parents created a plan with Mrs. Herb by which would go to English during his Physical Education (“PE”) class to work on outstanding assignments. However, only two weeks later, ’s parents met with Mrs. Herb again to discuss his 504 Plan. At that meeting, Mrs. Herb was unprepared and flippant, telling ’s parents that could no longer come to her classroom during PE class and that could not have more time to complete homework assignments because it would be “unfair” to other students – even as CHS’s 504 Plan Leader Mr. Wilson told the that ’s teachers should give him extra time to complete assignments under the 504 Plan. Following this meeting, Dr. contacted CHS Principal Stephanie Hanks and Head Chief Counselor Stephanie Frazier to raise his concerns about Mrs. Herb’s indifference to ’s welfare. See November 4, 2019 Email to District Staff, enclosed hereto as Exhibit D. Neither Ms. Hanks nor Ms. Frazier responded. Without intervention from District administrators, ’s problems with Mrs. Herb continued. Throughout November 2019, Dr. sent repeated messages to Mrs. Herb, raising his concerns about ’s poor attendance and increasing alienation from his teachers. Finally, on December 12, 2019, Mrs. emailed Mrs. Herb to ask whether had any missing assignments. Mrs. Herb did not reply until January 1, 2020, when she informed the family that had two missing assignments that had taken his grade down to a D. She told the family that had until January 7, 2020 to make up the missing assignments to get a C in the class. This response all but ruined the holiday break, as Mrs. Herb forced to make up his outstanding work on an expedited timeframe, violating the agreed upon 504 Plan, which directs that ’s teachers should “[b]reak large assignments/projects into chunks.”   5   Ex. C at 6. Coming back from the winter break, brink. ’s relationship with Mrs. Herb was at the D. Racial Hostility from 10th Grade English Teacher At the beginning of the next semester, on January 9, 2020, Mrs. Herb told her English class that they would be reading the novel To Kill a Mockingbird aloud in class. She told the class that the N-Word repeatedly appears throughout the novel and that she would not censor the word as she read because, as Ms. Urrutia had likewise opined, she did not believe in censorship. She told the class that she wanted them to hear the “shock” of the word. was again stunned. The only other Black student in the classroom immediately asked to use the bathroom and left the classroom for the remainder of class. Mrs. Herb then started a scaffolding project, where she gave reasons why the word should be said and why it shouldn’t be said, such as lack of censorship (in the pro column) and racial hurt (in the con column). Mrs. Herb then told the class that she would conduct a poll on whether they thought the N-word should be read aloud. She told the students to write their opinion down on a piece of paper to hand in. sat there, frozen, and listened as he heard other students discuss whether the read the word aloud or not. He heard students parrot Mrs. Herb, saying “I don’t believe in censorship either, it’s just a word, it shouldn’t be taken seriously, it should just be read.” None of the other students looked at him – the only Black student in the class at that point – or asked him what he thought about the assignment. remembers his hands visibly shaking as he left the class that day. The next morning, Dr. overheard his son talking to himself, saying that he did not want to go to school that day. After speaking with his son, Dr. contacted Mrs. Herb and school administrators to request that the assignment be changed. In response Mrs. Herb at first told Dr. that his son could leave the room while she read aloud from To Kill a Mockingbird – effectively giving the option of whether to be severed from the class physically or emotionally. After Dr. understandably rejected this option, Mrs. Herb told ’s father that the class would read the novel Night instead of To Kill a Mockingbird. However, rather than begin this second novel, Mrs. Herb showed the class the film Hotel Rwanda on January 13, 2020. Mrs. Herb gave no explanation for this change of plans and did not provide any context for why the class was suddenly watching the film. Mid-way through the film, one of the characters yelled the N-Word loudly. was stunned. At the end of the class, Mrs. Herb apologized to telling him that she was unaware that the N-Word was in the film. After this second incident, did not want to go to Mrs. Herb’s class at all. His anxiety deepened. When he went to class, he would sit in the back and try to get the class over with. He felt – and still feels – that this incident was the final straw in his relationship with teachers at Clovis High. His teachers either do not care or are openly hostile to the welfare of their Black students. Just told his father about the showing of Hotel Rwanda that night. Dr. recalled that was very upset by the experience.   6   E. Lack of 504 Accommodations in Disciplinary Process In the weeks following the showing of Hotel Rwanda in Mrs. Herb’s class, grew increasingly disillusioned with Clovis High. On January 29, 2020, was found by CHS staff with two other students in a bathroom using a THC vape pen. and the two other students were taken to the Principal’s office and questioned about their actions. The next week, as part of the disciplinary process, Dr. and Mrs. met with school administrators and ’s teachers for a Manifestation Determination Review (“MAR”) to discuss whether ’s disability had played a role in his actions. At that meeting, the group considered the two questions mandated by Federal Law: a. Was the conduct in question caused by, or have a direct and substantial relationship to the student’s identified disability? b. Or was the conduct in question the direct result of the District’s failure to implement the 504 plan?9 For ’s punishment to be mitigated, school administrators told the that the room had to reach consensus on each question. The school administrators, led by Learning Director Sarah McAvoy (who is in charge of school discipline at CHS), all told the that they did not believe ’s disability played a causal role in his actions or that ’s behavior directly resulted from the District’s failure to accommodate him. It was clear that there would be little discussion from the administration on the matter. Dr. disagreed with the staffs’ findings and told the administrators that he felt ’s 504 Plan had not been fully implemented, leading to ’s problems both inside and outside the classroom. Dr. next told the administrators that, if they truly wanted to assess the role of ’s disability in his actions, they should ask for his opinion. After this prompting, told the administrators that he felt very anxious and unfocused at the time and that those feelings played a role in what he had done. He told the teachers that he smoked with the other students to ease his anxiety, which was related to the ongoing racial hostility from Mrs. Herb. As he said this, teachers rolled their eyes. Learning Director Sarah McAvoy then wholly abandoned a disability accommodation perspective and told the family: “Well, [ knew the difference between right and wrong, so it doesn’t matter.” The District staff then decided to fully punish At that meeting, Dr. told administrators that had an anxiety disorder and that he wanted that detail added to ’s 504 Plan. Although District administrators added that detail to ’s 504 Plan, they did not refer him to speak to a school guidance counselor or psychologist about his anxiety. To date, has not received any counseling or support from school administrators to help him deal with his anxiety.   9 These questions are contained in the District’s notes from the meeting, which are attached hereto as Exhibit E.   7   was then suspended for a week. Three to four days into the suspension, an Assistant Superintendent called to tell Dr. that they had determined that the other student had not actually brought in the vape pen and that they had confirmed that had brought in the vape pen. Before reaching this decision, the administrators did not interview or provide any evidence to substantiate their findings. In addition, according to ’s report, District administrators did not suspend one of the other students, a white male, who was in the bathroom with instead only suspending and the third student, who is Asian-American. It is concerning that the District only meted out punishment to the two students of color involved in the incident. 4. District Administration Have Notice of the Failed Environment for Unresponsive to Dr. Advocacy Attempts for His Son and are Dr. has painstakingly advocated to District administrators on his son’s behalf, but to little avail. In the 2019-2020 schoolyear alone, Dr. sent at least twenty emails to ’s teachers and District administrators raising concerns about the District’s compliance with his son’s 504 Plan and the racially hostile treatment from District teachers. After Mrs. Herb’s repeated actions in February 2020, Dr. contacted the administration to complain about her intransigent behavior and to request a meeting on February 19, 2020. Dr. then met with Dr. Scott Dille, the Clovis Area Assistant Superintendent, on February 25, 2020. At that meeting, Dr. Dille expressed dismay at Mrs. Herb’s actions, told Dr. that she should not have shown Hotel Rwanda without parent permission, and promised to investigate the situation. Before Dr. could respond, Dr. Dille also said that the District would use professional development to resolve the misconduct of Mrs. Herb. On March 9, 2020, Dr. emailed Mr. Dille to request another meeting. In this email, he laid out Mrs. Herb’s entire history of misconduct. See Mar. 9, 2020 Email, enclosed hereto as Exhibit F. Dr. Dille responded that District administrators had investigated Dr. concerns and would like to meet with him to discuss them. Ex. F at 1. In response, Dr. asked for an email summary of the District’s investigation and proposed next steps. Id. Dr. Dille never responded to this email. To this day, the have received no response to their concerns about Mrs. Herb’s actions. In his March 9 email, Dr. warned District administrators of the danger of sweeping the actions of District teachers under the rug, writing that “Professional Developments cannot undo deeply-entrenched, racist paradigms and abuses of power that a teacher may possess… when left unaddressed or under-addressed, this type of toxicity has the potential to define a school's culture, while also shaping the community's perception of the entire District.” Ex. F at 4. As ’s experiences and news accounts make clear, the District’s refusal to adequately investigate or discipline its teachers in response to reports of racially hostile or disparate treatment have created exactly this perception in the community.   8   Dr. advocacy attempts on behalf of his son in the disciplinary process have also come to naught. As detailed in section (1)(E), supra, District staff ignored the attempts to address the role of ’s anxiety and attention deficits in his alleged misbehavior on January 29, 2020. Instead, District staff – the Learning Director in charge of school discipline, no less – dismissively reduced the disability assessment process to an inappropriate right versus wrong calculus that should have no place in a 504 assessment. 5. Legal Claims A. The District Violated its Policies by Allowing the Unwarranted Search of District policies allow the searching of students only “when there is reasonable suspicion that the search will uncover evidence that he/she is violating the law.” District Board Policy 2104 at 1. Moreover, before conducting a search, the school official must “articulate the circumstances which support the reasonable suspicion which warrants a search.” Id at 2. Ms. Brown did none of these things. Ms. Brown is an agent of the school, District, and government entity who forced to allow her to search him in public. It should not have to be said that searching a student because they are Black does not constitute a reasonable suspicion. Ms. Brown not only searched without cause, but also failed to articulate any justification whatsoever for her search. By disciplining the vendor solely, the District erred. Under their own policies, it is the teacher’s responsibility to ensure that searches are conducted only when there is a reasonable suspicion of law-breaking and that the reasons for a search are articulated prior to that search. Indeed, the District has yet to explain why Ms. Brown searched There has not been an apology, and without explaining what the suspicion was, the District has violated ’s rights under the education code and basic constitutional rights. We are not only concerned at the lackadaisical attitude by the District in knowing this information but believe that the District needs to take immediate steps to correct this constitutional violation. As a school district, how can the District staff expect that fairness will happen in the classroom when the same staff are willing to perpetuate racism towards their students? B. The District Violated its Policies by Creating a Racially Hostile, Unwelcoming, and Discriminatory Educational Environment The District currently violates its nondiscrimination Board Policies, Administrative Regulations, and the California Education Code by creating a learning environment that is hostile to Black students. The District’s nondiscrimination Board Policy prohibits discrimination against students on the basis of race in “any educational program or activity administered by the District.” District Board Policy 2108 at 1. Likewise, teachers are required to provide equal educational opportunities to all students regardless of background. Id. These policies mirror the California Education Code, which mandates that school districts create safe and inclusive environments for all students and affirmatively combat discrimination based on race. See Cal. Ed. Code §§ 201, 220, 32261(a).   9   The District has failed to implement its own policies in a fair and equitable manner. Due to his teachers’ repeated actions, feels alienated and anxious at school. His grades have slipped. He is openly distrustful and anxious around all his teachers, not just those who have been deliberately indifferent to his welfare. Rather than create an environment that welcomes into an inclusive setting, Mrs. Herb and ’s past teachers have placed their values and the opinions of white students ahead of ’s safety and mental health. To create a learning environment that is welcoming to Black students, District staff must create an environment that validates and affirms the experiences and culture of students of color. Neither the actions of staff nor the actions of administrators have done this. For instance, Mrs. Herb’s syllabus for English 101 for the 2019-20 school year lists several novels and films who focus explicitly on the topic of race, such as To Kill a Mockingbird, Scottsboro: An American Tragedy, and The Help. None of the syllabus’s descriptions of these novels or films contain any clear reference to race or racism. For instance, Scottsboro: An American Tragedy – a film about the trial and lynching of nine young Black men in Alabama and the virulent racism of US society – is described as a film documenting “the social climate of the 1930’s when the Scottsboro trial became one of America’s most famous or infamous court cases.” Lori Herb English Syllabus, enclosed hereto as Exhibit G, at 2. Similarly, The Help – a film about the racism faced by Black maids in 1960s Mississippi – is blandly described as a film about “very different women in the 1960’s South who build an unlikely friendship around a secret writing project that breaks society’s rules and puts them all at risk.” Id. By sidestepping the clear and important issues of race and racism, the syllabus – and by extension, Mrs. Herb’s lessons – leaves open ample space for microaggressions and misunderstandings, thus contributing to a racially hostile environment in District schools.  C. The District Violated its Own Policies, the California Education Code, and Federal Civil Rights Statutes by Failing to Accommodate Disability in his Classes and in the Disciplinary Process By failing to provide with appropriate accommodations in his 10th Grade English class, the District and Mrs. Herb also violated Section 504 of the Rehabilitation Act, which requires that students with disabilities be provided with a fair appropriate public education. §1415(f)(3)(E)(i). District Policies likewise require that District students be provided with a fair appropriate public education, including “aids and services that are designed to meet the educational needs of each disabled person as adequately as the needs of non-disabled students are met.” BP No. 2109 (“Identification, Evaluation, and Education of Students Who are Qualified Disabled Persons Within the Meaning of Section 504 of the Rehabilitation Act of 1973.”) District Policies and Administrative Regulations, as well as State and Federal Law, require that District staff assess whether a student’s disability played a determining role in any alleged misconduct. See District Policy 2102 (“Student Discipline”, requiring that the discipline of 504 Plan students follow the Rehabilitation Act of 1973), §1415(k)(C); 34 C.F.R. §§ 300.530(c) & 300.536(a)(1) & (2). By instead substituting an improper and wholly inappropriate right-versus-wrong analysis into the disability accommodation discussion, District staff failed to   10   follow these requirements. See, e.g., Student v. Southern Kern Unified District, OAH Case No. 2017070207 (finding that a MAR failed to adequately consider whether student’s behavior was a manifestation of his disability, in part because the student’s counselor claimed that he knew right from wrong).10 Instead, they conducted a cursory and perfunctory review of ’s disability that unsurprisingly failed to accommodate him. Ignoring disability law and the need to reasonably accommodate students with disabilities in the disciplinary process can have grievous consequences for such students. CDE data shows that students with disabilities are suspended at higher rates than nondisabled students; in the most recent academic year, 2018-19, students with disabilities were suspended at over twice the rate of nondisabled students (8.0% versus 3.2%). Alarmingly, these rates climb still further for Black students with disabilities: CDE data shows that 20.5% of Black students with disabilities in the District – over one-fifth – were suspended in 2018-19. In comparison, white students with disabilities were suspended last than one half of that (7.9%) and white nondisabled students were suspended nearly ten times less often (2.7%). The District assuredly has a discipline problem against Black students with disabilities. As the United States Department of Education has emphasized, this sort of racial discrimination “not only unlawfully limits a student’s current access to necessary services, but can have serious long-term educational consequences.”11 The District failed in its duties to accommodate long before the MAR. Despite ’s suspension in November 2019, was not reassessed to determine if his disability may have played a role in his decision-making and ability to follow school rules. Despite his second suspension in February 2020, District Staff again did not change ’s 504 Plan to direct more attention to his compliance with school rules. ’s 504 Plan was first formulated on November 4, 2019 – before his suspensions. Ex. C at 4. In that initial 504 Plan formulation, staff documented that ’s disability would not cause him to violate school rules. Id at 5. Despite his two suspensions in the following months, there is no indication that District staff revised ’s 504 Plan, reevaluated to assess that his plan met his needs, or referred him to the school psychologist to determine whether his actions were part of a maladaptive response to the difficulties he faced from Mrs. Herb and his other teachers. From the reports and District documentation, the District appears to have solely moved to fully discipline and nothing more. 6. Requests for Relief For the reasons described in this UCP complaint, to comply with the law, the District must amend its policies and procedures to reflect the changes below. 1. The District will foster a community of teachers and administrators that are knowledgeable about child development and are culturally competent and sensitive. To accomplish this goal:   10 Available at https://www.californiaspecialedlaw.com/wiki/hearing-decisions/oah-2017070207/ 11 “Dear Colleague Letter: Preventing Racial Discrimination in Public Education”, Dept. of Ed., Dec. 12, 2016, available at https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201612-racedisc-special-education.pdf    11   a. The District shall provide educators at all levels within the District with training about the unique historical and cultural experiences of Black students, and effective methods for engaging Black students in the educational process. b. The District shall provide professional development for teachers, staff and administrators in: childhood brain development; trauma-informed responses and interventions; implicit bias; mental health issues and symptoms in children; developmental and learning disabilities; and special education procedural requirements. According to the National Child Traumatic Stress Network, when examining culturally responsive responses for Black students the District must “work towards ending the cycle of trauma and violence, [and] it is necessary to acknowledge both how racism and oppression are embedded in American society, and to understand how the massive historical trauma of slavery continues to shape the lives of individual children, families, communities, and the systems with which they interact.12 c. The District shall recruit a Black student-focused Liaison to work directly with Black parents and students at CHS and recruit Black student focused liaisons at other high schools in the District. 2. The District will remove ’s suspensions from his Central File and provide him with counselling and other support as appropriate. 3. The District will formally request the expungement of any juvenile charges that has received while a student at CHS. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /   12 National Child Traumatic Stress Network Position Statement Racial Injustice and Trauma: African Americans in the U.S. (2016), available at https://www.nctsn.org/sites/default/files/resources//racial_injustice_and_trauma_african_americans_in_the_us.pdf.     12   4. The District will revamp its disciplinary processes to provide guidance to school administrators on how to accommodate students with disabilities. To accomplish this goal: a. The District shall prepare written guidance for administrators and staff who participate in 504 Plan MARs regarding the proper standards for accommodating students with disabilities. b. The District shall provide professional development and training for all administrators and staff who participate in 504 Plan MARs regarding implicit bias, the presentation of disability in students of color, and the intersection between race and disability in the classroom. c. The District shall review all suspensions and expulsions of students with disabilities from 2019-20 de novo to ensure that students with disabilities receive a fair and appropriate public education in District schools. Sincerely, Abre’ Conner Staff Attorney ACLU Foundation of Northern California Dylan Verner-Crist Investigator ACLU Foundation of Northern California CC: Dr. Norm Anderson   13   EXHIBIT A ----- Forwarded Messa e ----From: Dr. > To: teresa~ r cus .com< eresa ar er cusd.com> Cc: Eimearofarrell@cusd.com ; Sent: Thursday, December 7, 2017, 05:40:35 PM PST Subject: Offended Parents/Clarke Intermediate > Good Evening, ) came home from school today, totally distraught at how he was treated by his teacher, My son Ms. Brown, and a Book Fair representative. According to my son, an adu lt male Book Fair representative shadowed his actions for a considerable amount of the time that his class was attending the Book Fair. When my son attempted to exit with his class, he was detained, while Ms. Brown began to pat him down and have him empty his pockets. I am a school administrator, and I am livid that my son was profi led and treated like a common criminal. Since my family moved here from San Francisco in August of this year, we have had a pleasant experience in Clovis. I do reca ll; however, receiving a voice message from you, alerting me about some of the unfortunate experiences that African Americans students had, regarding social media. At that time, I was very concerned for my chi ldren's well-being, but I was encouraged that the District took a proactive approach to resolving the situation. That said, once again I am very concerned. I would appreciate a meeting with you, because I have questions about the District's policies on student searches, (i.e. who conducts them) and a few other things. I look forward to your prompt response . Respectfu lly, "The mere imparting of information is not education. " -Carter G. Woodson Dr. 1 EXHIBIT 504-la CLOVIS UNIFIED SCHOOL DISTRICT 8/08 1450 HERNDON AVENUE • CLOVIS, CALIFORNIA 93611 • (559) 327-9000 REFERRAL FOR 504 EVALUATION Date of Bi11h: Student: Address: City Clovis Zip: 9361 l Phone #: School: Clovis High School Teacher: _ _ _ __ Parent/Guardian: Evaluation Requested By: _ __ _ _ _ __ _ _ __ _ __ I. What are your specific concerns about the student's performance? Academjc: - is not completing his classwork in most of his classes. Behavioral: is challenged with organizing his school materials. Also, has difficulty following through on multi-step directives at school and at home. - 2. What interventions have been tried to help the student? Seating change. Parent/Teacher conferences. Parents devised a· morning checklist to ensure thatall of his accoutrements. eaves with the What were the results? s grades are much better this year. \Ve attribute this success to the SST meeting, which helped to bring s challenges to his teachers' attention, as well as to the morning checklist (which has helped to reduce the number of instances thatloses points for either submitting work late or failure to bring the appropriate gear/resources to class.) 3. What other problems, concerns. or observations would you like to share? N/A Date - - -- - Parent/Guardian signature Referral received by ,--/iir_ Date 09/27/2019 '"' ' , D ate 9i3o J IC, PLEASE NOTE: Consideration for a Section 504 Evaluation will not begin until this Referral for 504 Evaluation is received by the school site. S04-3a CLOVIS UNIFIED SCHOOL DISTRICT 3/07 NOTICE OF SECTION 504 EVALUATION Student ;B.D. Student ID# School _ _.........,___...c...______.....,__ _ _ __ Grade 10th Teaoher/Counselor Stephanie Frazier Home Tel. Parent(s)/Guardian Father's Cell#) Address Work Tel. As part of our on-going effort to assist your child to be a better learner, members of our Section 504 Team would like to complete an evaluation. The results of the evaluation will be used to detennine the best ways to meet your child's educational needs in his or her classroom. A copy of Section 504 parent and student rights is on the back ofthis form. School staff will be involved in observations, interviews, administration of behavior checklists, review of cumulative records, work samples, and other data collection. When indicated, the school nurse will complete a review of medical records and update the student's health history. Any information you wi sh to make available to the 504 team will be considered in this .evaluation. .. Method ofData Collection Team Member/Title *Review of School Records *Private Evaluations from Parents (Mental (Health/Medical Records) *Parent/Student Interviews School Psychologist/Nurse School Psychologist/Nurse School Psychologist/Nurse Please sign and return this form if you agree to have your child evaluated as indicated above. The results of the evaluation will be shared with you at a 504 Team Meeting. A notice of this meeting will be sent to you. If you have any questions about this evaluation, please call: . Site 504 Coordinator: --~=.cc........c.......=-c' Todd Wilson- - - - - - - - - -- - Phone DX D 327-1318 ---=-=..;..~....;;..._-- I give permission for the proposed 504 Evaluation to be completed. I do not give permission for the 504 Evaluation to be completed. Parent(s)/Guardian Signature DisLribulion: - - - Date 09/27/2019 WHITE-Cumulative file YELLOW-Parent Copy PINK-Site 504 Coordim11or GOLD -District Offi1:e Date Sent _ _ _ __ Date Received 9/30 / }~ CLOVIS UNIFIED SCHOOL DISTRICT 504--Sa NOTICE OF SECTION 504 TEAM MEETING Date: 10/10/2019 Dear: The school"s Section 504 Team requests your attendance at a meeting for: Student: Meeting Dare: 11104/2019 Time: 7:15 AM Where: Clovis Hieb School Room D-31 The purpose of the Section 504 Team meeting is to: review the 504 evaluation results. X review the lndividuaUzed 504 Plan. other: This process encourages parents and school staff, working as a team, to combine their knowledge of the student and their expertise to assist the student in his/her education program. You are a vita! part of this process. Please sign and return ilie white copy of this letter to Todd Wilson as soon as possible. If you have any questions, please call me at _-=32=7!...-~1=3~18~-- - - - - - - Slllcerel~~ JJi)_vJJl- Site 504 Coordinator /////////~/////////////////////// )(' □ Yes, I will be able to anend the 504 meeting on 11/04/2019 at 7:15 AM No, I will not be ablt lo attend the meeting. Please call me at . ::3-=27-=---=•=3-=-18=------- to reschedule the meeting. These are good dates/times for me to attend the meetin re/date Distribution: Wl-llTE - Cumulative File YELLOW - Parent Copy PINK -Site 504 Coordinator GOLD - Extra Copy 3}1}7 EXHIBIT 504-6 3/07 I Clovis Unified Sc-h,....o_o_l D _ is_tr_k_t- -~-= I~n_,d_i_v_i_d_u_a_l_iz _ed _·_s_ o_·. _4_P _la_n__.l M rf Father's cell#) Student Parenti H Phone: lo-vis. CA Zip 9361 I School _ _ _====~-,=:=='------Grade-.: i.Oth Elhnidiy: Afucoo American Meeting Date: 11/0412 . □Annual Triennial Oiher: Addre. Next scheduled review date: First Semester 2020 (must be completed) ITEAM ACTION A 'L · ; -1; I 5 J""n. , Aetiom., StrategiES,. Attommod:ations • I 504 Disability • • ,11, • • Preferential semi~ :in ~roxi:1°1ity t~ insftrudion and a¼1B'.!f from distractmns 1f poSStbk Check for understanding of directions Allow movement breaks when possible FoHoi..v cla&.··roornl:sd10ol rules and e,r-• . ,:005 Use a dai.fy pfatnner to wri.re down assignments and due dates Clean out and organize backpack at least once a \;veek Allow student to take pic.tures ofclass.room schedule/assignments with phone Provide an extra set of classroom notes upon ::.1udent request · A- i': P rovtw:; extra siet oa.cboo•-· !!.S 1or 1rome upon Penton Respmisible Who When 'f Additiol!Ilai I . • Comments r ~eaehers I ; S!Ludenn *TeacheIS *Teachers I "'Srudent j *Student *P:at.ent!Student *Teachers *Student/ ' .r 1 T e.llche!.'s I ~Teaclrers ' i------:----:--1-- - -s-tu_d_e_n_t _ re_q_u_es_·t-- - ------,----+--,-------+----l I communication • Email te.a,chers for progress *Parents u Work . Completion ; • Che.ck Pa:re'IltlStudent Connect ! *Puenti'Sturlem • Check teacher's 111.1ebsites for classroom I • information/ uidelines/ex ectations Reduce repetitive driU or shorten assignments \i\le / Student *Teachers Check for understanding of directions *Teachers Allow movement breaks when possible Follow classroom/school mles and e• • Organmition • f-~~ --) C.\e:.itr -') Cf'M communication \ • • ~• • • Work Completion • • • • Testing Persou Responsible • .ODS *Smdent Use a daily planner to write down assignments and due dates Clean ont and organize backpack at least once *Student a week Allow student to take pictures ofcl~oom schedule/assignments with phone *Parent/Student Provide an extra set of classroom notes upon student request Provide extra set ofbooks for .home upon student request *Teachers *Student/ Teachers '11'eacbers Email teacher.s for progress Check Parent/Student Connect Check teachers websites for classroom information/guidelines/exnectations Reduce repetitive drill or shorten assignments when needed without compromising the standanJs *Parents *Parent/Student Break large assignments/projects into chunks *Teachers Attend any/all labs necessury to .finish assignments l-2 days or week.end extended time on essays and projects (fo be prearranged w/ Teacher) *Parent/Student *Teacher discretion "'Student *Teacher/ Student Allow extra time on classroom tests *Teachers • Test in separate setting as nec.es-sary *Teachers/ Student *Teacher/ Student • Allow tests to be read out loud upon request in , settin2 Additional Comments 504-6 3/ 07 IClovis Unified School District Individualized 504 Plan I Studer Parent/Guardian: Address: School , OVIS 1g C 00 Meeting Date: 02/21/2020 □Initial □ Annual English Teacher/504 Coordinator/ Administration Next scheduled review date: First Semester 2020 ~or F Father's Cell# 93611 --=-~'- Eth1JL~,itr African American Triennial ~ Parent Requested Meeting with (m ust be com pleted) ITEAM ACTION IB:!Student does have a disability pursuant to Section 504. Indicate disability: Mild Deficits in Attention Processing Describe how disability affects a major life activity: The student's disability interferes w ith every-dav school activities. Student does not have a disability pursuant to Section 504 because: D Student does not exhibit a Section 504 disability. □ Student does not exhibit a substantial limitation in learning or other major life activity. ITEAM RECOMMENDATIONS □ Continue in present program [&] 504 Interventions in the regular program (see attached plan) D Refer for special education assessment D Other ------ - - - --- -------- - - - 1DISCIPLINE [&] The student's disability would not cause him or her to violate school rules; therefore, the student will be accountable for following school rules. D The student' s disability would require that modifications be made to ensure compliance with school rules (see attached Individualized 504 Plan). ··~.. I have participated in the meeting in which this Individualized 504 Plan was developed and have .. ,. _ _ .... . . - • .. .. • • . - - • • I I f!, ! · TEAM (signatures and titles) / ' -- ,,. .i J) ,,,i....., :/-J l..-~ ·' t .,1 cc: All Serving Teachers Distribution: WHITE - Cumulative File YELLOW - Parent Copv PINK - Site 504 Coordinator GOLD - District Office 504-7 &IOI Clovis Unified ~hool District Date 01/23/2020 Individualized 504 Plan Page ID# Student's Name: 1 of~ l _ _ School Clovis High Grade ---'l=Oth=-- Teacher(s)/Class(es) L Herb (English 10): N. Scharton (Math l): L. Hash (World Historv); C. Patrick (PE); A. Inouye (Physicsffechnology): and E. Quintana (PE) Case Manager Todd Wilson 504 Disability Mild Deficits in Attention Processing Area(s)of Need Focusing, Attention, & Behavior Actions7 Strategies, Accommodations Who When • • • • Organization • • • • • communication • • • Work Completion Per.son Rapoosible • Preferential seating in proximity to instruction *Teachers /Student and away from distractions if possible *Teachers Check for understanding of directions *Teachers Allow movement breaks when possible Follow classroom/school rules and *Student exoectations *Student Use a daily planner to write do\\'n assignments and due dates Clean out and organize backpack at least once *Pare-nt/Student a week Allow student to take pictmes ofclassroom schedu1e/as.signments with phone Provide an extra set of classroom notes upon student request Provide extra set of books for home upon student request Email teachers for progress Check Parent/Student Connect Check teacher's websites for classroom infonnation/sruidelines/exocctations Reduce repetitive drill or shorten assignments when needed without compromising the *Teachers *Student/ Teachers *Teachers *Parents *Parent/Student *Parem/Student *Teacher discretion standards • Break large assignments/projects into chunks • • assignments Provide books on tape if available 1-2 days or weekend extended time on assignments, essays, and projects (To be orearranged w/ Teacher) • • Allow extra time on classroom test Test mseparate setting as necessary • Allow tests to be read out Joud upon requ~st • Testing Attend any/all labs necessary to finish in separate setting *Teachers *Student *Teachers *Teacbe.r/ Student ~eachers •Teachers/ Student *Teacher/ Student Additional Comments EXHIBIT 11111ÿ345675898ÿ 9 7 9ÿ11111ÿ ÿ 5 ÿ ÿ ÿ ÿ 9 7 9ÿ 7 ÿ 9 7 9 7 !4" # 8 $% 7 # &ÿ 9 7 9ÿ357' 95ÿ 9 7 9(57' 95 !4" # 8 $% 7 # ÿ )*+, ÿ 4 87-.ÿ/4"90195ÿ2.ÿ%3$4.ÿ3565$6%7ÿ8 ÿ8 9ÿ ÿ4 95 98ÿ714# ÿ997 95> ÿ 4 4 ÿ4 ÿ?32ÿ !7 ÿ ):;<*=, ÿ8759 ÿ4(ÿ ÿ 7 .ÿ @ÿ70ÿ65 ÿ 4ÿ-4#ÿ 4ÿ9A 59 ÿ# 95ÿ(5# 57 4 ÿ6 ÿ0-ÿ 4 > ÿB ! ÿ997 95.ÿ ÿ 951 ÿÿC7 98ÿ4 ÿ ÿ 951> ÿ# 09!-ÿ 578 ÿ 5498#59 ÿ7 8ÿ 95ÿ# 6 !! 9 ÿ 4ÿ40 !-ÿ6 ÿ 9 95ÿ4#5ÿ9 71! 98ÿ7 59909 ÿ 45ÿ 9ÿ!76.ÿ69ÿ(99!ÿ 7 ÿ 9ÿ 7 ÿ89! 1957 9!-ÿ 75 9 98ÿ ÿ(45ÿ(7 !#59 ÿ @ ÿ9"95-ÿ099 ÿ69ÿ 7"9ÿ 78ÿ6 ÿ .ÿ 951ÿ 4ÿ87 9.ÿ 9ÿ 7 ÿ755 "98ÿ# 59 7598.ÿ(! 7 ÿ714# ÿ 95ÿ41! 7 4 ÿ 4ÿ 54" 89ÿ (4507 4 ÿ ÿ7ÿ 09!-ÿ(7 4 .ÿ7 8ÿD04 ÿ599 !-Eÿ9A 1 ÿ7 ÿ# 6 !! 9 ÿ 4ÿ78 959ÿ 4ÿ 9ÿ!76 ÿÿÿ 4 ÿ7 4.ÿ69ÿ7!!ÿ7 5998ÿ 7 ÿ ÿ0# ÿ 4ÿ 4ÿ ÿ 951> ÿ!7 5440ÿ8#5 ÿ8 B ÿ 4ÿ40 !9 9ÿ7 -ÿ0 ÿ45ÿ 40 !9 9ÿ7 09 ÿÿ 9ÿ89 5 198ÿ ÿ7 ÿ 75 ÿ4(ÿ 9ÿ4 ( #57 4 ÿ4(ÿ 95ÿB ! ÿ 54 570ÿ(45ÿ7!!ÿ4(ÿ 95ÿ #89 ÿÿÿD94ÿ 87 9.ÿ > ÿ7 9 87 9ÿ ÿ 9ÿ 75 ÿ 7 ÿ199 ÿF ÿ45ÿ0 F.ÿ1# ÿ69ÿ 7"9ÿ0789ÿ 54 59 Eÿÿÿ 469"95.ÿ ÿ 487-> ÿ099 .ÿ ÿ 951ÿ 7 98ÿ 7 ÿ 9ÿ849 ÿ 4 ÿ67 ÿ 4ÿ4 #9ÿ 4ÿ84ÿ 7 .ÿ197# 9ÿ4(ÿ ÿ8 B ÿ 7 8758 ÿ 7 ÿ0# ÿ7! 4ÿ19ÿ09 ÿÿ@ ÿ9((9 .ÿ 951ÿ ÿ7 90 ÿ 4ÿ# !7 957!!-ÿ8 9 ÿ(540ÿ 9ÿ !7 ÿ69ÿ9 71! 98ÿ 04 ÿ7 4 ÿÿ@(ÿ ÿ ÿ 4 ÿ 950 98ÿ 4ÿ07 9ÿ# ÿB ! ÿ645 ÿ8#5 ÿ8 B .ÿ ÿ6 !!ÿ 7"9ÿ7ÿ89 5 09 7!ÿ9((9 ÿ4 ÿ ÿ 5789 ÿÿ ÿ 951> ÿ04 "9 ÿ 990ÿ097 1 5 98 ÿ 9 9.ÿ69ÿ759ÿ 4 ÿ4 " 98ÿ 7 ÿ 9ÿ 7 ÿ ÿ19 ÿ 959 ÿ7 ÿ 975 ÿG ÿ 759 .ÿ69ÿ9A 9 ÿ ÿ 4ÿ19ÿ71!9ÿ 4ÿ 7 9ÿ78"7 7 9ÿ4(ÿ ÿ # 45 ÿ7 ÿ759ÿ ÿ 951> ÿ4 95ÿ #89 ÿÿÿ /975ÿ 9ÿ9 8ÿ4(ÿ 487-> ÿ?32ÿ !7 ÿ099 .ÿ ÿ 951ÿ 7 98ÿ 7 ÿF 95ÿ 4! -Fÿ6 !!ÿ19ÿ 7 ÿ ÿ7 ÿ07 9ÿ# ÿ 409ÿ4(ÿ ÿ 0 ÿ 9 .ÿ1# ÿ 4 ÿ ÿ 409645 .ÿFC97# 9ÿ 7 > ÿH# ÿ 4 ÿ(7 5F.ÿ 9ÿ78898 ÿÿÿ ÿ 7 .ÿ@ÿ # 9 ÿ 4094 9ÿ98#7 9ÿ ÿ 951ÿI# !-ÿ714# ÿBI# -ÿ" ÿBI#7! -.ÿ197# 9ÿ(45ÿ 409ÿ597 4 .ÿ 9ÿ 990 ÿ 4ÿ ÿ 7 ÿ7!!ÿ #89 ÿ59I# 59ÿ 9ÿ9A7 ÿ 709ÿ 95" 9 ÿ ÿ45895ÿ 4ÿ07 95ÿ 9ÿ 7 8758 ÿ ÿ9A 1 ÿ 9ÿ 709ÿ7 A 9 -ÿ4 8 4 ÿ 7 ÿ@ÿ 7"9ÿ6 9 ÿ ÿ409 ÿ 4ÿ07 7 ÿ0#! !9ÿ 7 ÿÿ9 9ÿ8 ((959 9ÿ ÿ 7 ÿ@ÿ 7"9ÿ 546 ÿ789 ÿ7 ÿ# ÿ7!9 875 ÿ 4ÿ !7 ÿ(45ÿ7 8ÿ099 ÿ8978! 9 .ÿ6 9597 ÿ ÿ ÿ !!ÿFGÿ645 ÿ ÿ 54 59 F ÿÿ9 7 ÿ 7 8.ÿ69ÿ9A 9 ÿ 9ÿ 709ÿ - 9ÿ4(ÿ # 45 ÿ7 8ÿ #5 #59ÿ 7 ÿ ÿ 951ÿ64#!8ÿ67 ÿ(45ÿ 95ÿ46 ÿ !8ÿ1 9ÿ 8ÿ 9ÿ 7 9ÿ 59I# 59 ÿ J9 758 ÿ 97 95ÿ 59 757 4 .ÿ ÿ 487-> ÿ?32ÿ099 .ÿ7!!ÿ4(ÿ 9ÿ 97 95 ÿ 59 9 98ÿ7ÿ 7 4 ÿ4(ÿ > ÿ77890 ÿ 95(4507 9ÿ4 ÿ 7 95.ÿ9A9 ÿ ÿ 951 ÿÿ@ 978.ÿ ÿ 951ÿ755 "98ÿ7 8ÿ4((9598ÿ 9ÿ9A# 9ÿ 7 ÿ 9ÿ 78ÿ7ÿ( 9!8ÿ 5 ÿ ÿ 699 9 8ÿ7 ÿ 9ÿ597 4 ÿ 9ÿ8 8 > ÿ 7"9ÿ 7 8ÿ4# ÿÿD@ ÿ 9ÿ 59" 4# ÿ099 .ÿ 9ÿ67 ÿ# 59 7598ÿ7 8ÿ 98ÿ 9ÿ597 4 ÿ7 ÿ Fÿ ÿ 7"9ÿ7ÿ!4 ÿ 4 ÿ4 ÿ ÿ0-ÿ 95 4 7!ÿ! (9 F6ÿ 0 !75!-.ÿ7 ÿ 9ÿC7 1941 44!ÿ/ .ÿ69ÿ 4 ÿ 9ÿ 709ÿ9A# 9ÿ(45ÿ 4 ÿ 599 " ÿ7ÿ -!!71# ÿ @ÿ8 59 ÿÿK 9 ÿ ÿ67 ÿ ÿ 951> ÿ #5 ÿ 4ÿ 54" 89ÿ7 ÿ# 87 9ÿ4 ÿ > ÿ 95(4507 9ÿ 487-.ÿ 9ÿ 4 98ÿ4# ÿ 7 ÿ ÿ ÿ0 ÿ5ÿ7 09 ÿÿ 469"95.ÿ6 9 ÿ@ÿ7 98ÿ 541 ÿI#9 4 ÿ714# ÿ 9ÿ0 ÿ7 09 .ÿ 9ÿ67 ÿ# 71!9ÿ 4ÿ 7 (7 45 !-ÿ75 #!7 9ÿ 9ÿ89 7 ! .ÿ4 95ÿ 7 ÿ 4ÿ 7-ÿ 7 ÿ4 9ÿ4(ÿ 90ÿ ÿ7 ÿ9 7- ÿÿÿ - - - - - - - 0 - - This prompted me to ask her about the previously submitted essay, which completed and submitted on October 21st under my supervision. It was entitled the "$1000 essay". Thus when~ he had performed on it the $1000 essay, she quickly glanced at something on her screen and said that the essay was submitted, but that it did not conform to her guidelines. As a former English teacher, and as a parent who wants to ensure that his son does not receive inferior "customer service"~ because the teacher is not organized or prepared, I am hereby asking you or a Guidance Learner Director to audit s essay so that he and I may receive some timely feedback on the essay for his educational growth. This, after all, Is one of the primary aims of school. Furthermore, why would a teacher assign another essay to students before they ever receive constructive feedback on the one previously submitted? This practice does not seem conducive to students' educational growth. It's not educationally-sound. All said, we are begin. in to believe thathas been assigned to an English classroom that is detrimental to his success. Admittedly, has organiz~ and anxiety challenges. However, there are supports for that. But when the teacher deviates rom e i:1lan and whimsically chooses which parts of the 504 plan she is going to follow, we take issue with that and will pursue for our son at the local and State levels. Please intervene. 2 EXHIBIT 504-Sn CLOVIS UNIFIED SCHOOL DISTRICT 3/07 NOTICE OF SECTION 504 TEAM MEETING Date: 02/03/2020 Dear: ~ The school's Section 504 Team requests your attendance at a meeting for: Student: Meeting Date: 02/04/2020 Time: 2:45 PM Where: Clovis High School The purpose of the Section 504 Team meeting is to: review the 504 evaluation results. review the Individualized 504 Plan. X other: "Manifest Determination Meeting" This process encourages parents and school staff, working as a team, to combine their knowledge of the student and their expertise to assist the student in his/her education program. You are a vital part of this process. Please sign and return the white copy of this letter to Todd Wilson as soon as possible. If you have any questions, please call me at _ ~ 32:::;...7,_---=-l-=-3-=--18=---- -- -- - - - Site 504 Coordinator ///////////////////////////////// {Ct MP.~\ o~"I QJ,.; t~v X □ Yes, I will be able to attend the 504 meeting on 02/04/2020 at 2:45 PM No, I will not be able to attend the meeting. Please call me at -=-3=27-'-----"l..::...3~18=----to reschedule the meeting. These are good dates/times for me to attend h . g Distribution: g ature/date WHITE - Cumulative File YELLOW - Parent Copy PINK -Site 504 Coordinator GOLD - Extra Copy www::.. m,muec :zzucmwwwwwwu;. i,WWW 504-9 CLOVIS UNIFIED SCHOOL DISTRICT 1450 HERNDON AVENUE • CLOVIS, CALIFORNIA 9361 1 • (559) 327-9000 8/ 19 SECTION 504 MANIFESTATION DETERMINATION 02/04/2020 Birth Da~ Cell/Worlc T elephone Pare nt/ G ua rd ian A ddress cting Date 01/23/2020 Clovis High School Grade Level School 1. Date of Last Assessment Date of Las t 504 Plan Reason for Individualized 504 P lan Manifestation Determination Meeting: * The student used TH C on campus, and was in possession of a T HC vape pen. 2. 3. Summary of Student's Disability: * Mild Deficits in Anention Processing a) Was the conduct in question caused by, or have a direct and substantial relationship to the student's identified disabi lity? □ yes tE'no b) Or was the conduct in question the direct result of the District' s fail ure to implement the 504 plan? □ yes 'P9.no SIGNATURES I, parent/guardian, have received a copy of the Notice of Section 504 Par ent and Student Rights. InitialsC-i V tL, 0 Pare nt/Guardian commlnts attached. I 0 '~Other DISTRIBUTION; Date Other Cumulati ve fi le; Parent Copy; Sile 504 Coo rdinator; District Office Date 504-12 CLOVIS UNIFIED SCHOOL DISTRICT 1450 HERNDON AVENUE• CLOVIS, CALIFORNIA 93611 • (559) 327-9000 3107 MEETING SUMMARY MEETING DATE: 02/04/2020 STUDENT'S NAME: REASON FOR MEETING: .M anifest Dete1mination AREAS OF CONCER~: _ _ __ __ __ _ STUDENT'S STRENGTHS: - - -- -- - -~~- CJ.,, f eJ / Coo1:u f''{t;' VVi< A-t,lo.. ·to he. rt-.F,,c_....,s~cl '.* Fc, L -\~ j A (:-{;c,..,f I O I'\ I RECOMMENDATIONS/COMMENTS .?f: ·.1...n fr-i> J1-c..f,' ""\S' pry~ss /•'} ·r, r c, lu (l r C~ ··:t P°' r-c"+ ~u\ ~J 5'0 'Te..-1 Cf q ·'i- S'c:_)-.v ... / c it'SJro~rY>' ¥:- '~ I"'") • A, .-r t'it Q.~(_~ 'j ~-t s·. r-i?..D or6 o+ r~ r 7 p/ chol"j l..1-J-- s·.., 'I 'Te ~~ · . uf t~ 'J q C. 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(And please keep in mind that we're only discussing the microaggressions that have come to my attention . It could possibly be much worse, but I am reluctant to probe further into Mrs. Herb's harmful pedagogy.) That said, the District can address this however it chooses. However, personally, I cannot rest at night until I feel that it is being addressed responsibly for all students. Thus, I plan to forward my concern to another agency. Thank you for leading your District and for accommodating me with a meeting. Blessings. On Tuesday, February 25, 2020, 04:38:53 PM PST, Dr. wrote: Dr. Dille, It was great to meet and speak with you in your office today! Thank you for allowing me to vent my frustrations as well as my concern for all students who are in Mrs. Herb's classroom. After meeting with you today, I feel strongly that you are committed to creating an educational environment where all students feel safe, respected, and connected ;so that they may thrive. Blessings! -Dr.1111 3 EXHIBIT Clovis High School English 10 Syllabus Documents 2019-2020 Mrs. Herb The overall goal for English 10 is to enhance students' listening, speaking, reading and writing skills for college and career readiness and in accordance with the California Content Standards for Language Arts . Classroom Conduct 0 0 0 0 Use appropriate actions and respectful language in speaking and writing (profanity will not be tolerated). Arrive to class on time and prepared with the necessary materials to participate in the lesson. The CUSD tardy policy will be strictly enforced. Conform to the CUSD dress code. Store cell phone or other smart devices in assigned pocket holder and keep earbuds/airpods put away and out of sight during class unless teacher permission is given. If a device is seen during a quiz or test, the student at fault will be referred to Student Services and may receive a grade of zero. Necessary and Recommended Materials Core textbook to keep at home or access online-Collections, Houghton Mifflin Harcourt, 2017; class novel (when needed); and independent reading novel (when needed) 0 Binder (with dividers) or folders or accordion file to organize subjects separately 0 Three-hole punched, lined binder paper 0 Dark blue or black ink pen and #2 pencil 0 Planner (CHS provides a planner each semester for 9th and 10th graders) 0 Highlighter - recommended Core and Supplemental Literature which may be studied *Various poems, speeches, media, articles, children's stories, etc. which relate to topics studied and/or discussed in class may be used to help students better understand an issue or theme found in curriculum literature or to help with research assignments. A Midsummer Night's Dream by William Shakespeare Thwarted but determined young lovers escape to an enchanted forest where fairies play havoc with attempts to unravel some complicated situations. To Kill A Mockingbird by Harper Lee A child's recollection of growing up in the Depression Era South when a black man is accused of raping (not graphically described) a white girl, and the child's father is called upon to defend the accused. The themes of fear, rumor, prejudice, and justice are explored. Night by Elie Wiesel A candid, horrific, and deeply poignant autobiographical account of his survival as a teenager in the Nazi death camps, it also eloquently addresses many of the philosophical as well as personal questions implicit in any serious consideration of what the Holocaust was, what it meant, and what its legacy is and will be. The Outsiders by S.E. Hinton A classic story of a boy who finds himself on the outskirts of regular society, as well as a heroic story of friendship and belonging 0 * * * * Videos, Audios, and Supplemental materials which may be viewed * * A Midsummer Night's Dream PG-13 Michelle Pfeiffer and Kevin Kline star in this production about a group of young lovers who are bewitched by Puck, a mischievous elf. After a series of humorous mix-ups, the end of the play reunites the lovers. To Kill A Mockingbird not rated Based on the novel by Harper Lee, the narrator reflects on the incidents leading to her brother's broken arm. Set in the South, the novel reveals the prejudice and ignorance that threatens and ultimately destroys the innocence of childhood. Adult language. Mature topics and situations. * * * * * * Last Will and Testament not rated A PBS documentary that explores questions over the authorship of Shakespeare's plays and poems Eyes on the Prize: America's Civil Rights Years 1954-1965 not rated Created and produced by Blackside Inc., Boston, MA 1991. "The American civil rights struggle has been called the second American Revolution. This amazing drama of the civil rights movement comes to life in this sweeping story of the people who changed America." Scottsboro: An American Tragedy not rated This film documents the social climate of the 1930's when the Scottsboro trial became one of America's most famous or infamous court cases. The Help 2011 PG-13 A story about very different women in the 1960's South who build an unlikely fribndship around a secret writing project that breaks society's rules and puts them all at risk. 2081 not rated (Running time- 28 :08) Based on Kurt Vonnegut's short story, "Harrison Bergeron," it is a poetic tale of triumph and tragedy about a broken family, a brutal government, and an act of defiance that changes everything Hotel Rwanda PG-13 A powerful and moving story of one man's stance against savagery during the 1994 Rwandan conflict Grading Policy Student work will be evaluated on the basis of quality, range of style, depth and complexity of thinking, creativity, originality, and mechanical correctness. Following is a breakdown of the grading scale: 89.5 - 100% =A 79.5 - 89.4% =B 69.5 - 79.4% =C 59.5 - 69.4% = D 0 - 59.4% = F Weight of Assignment Categories Classwork & Homework: 50% Essays & Assessments: 50% Late Work Late work is accepted until the end of the 6-week grading period in which it was assigned. However, students will incur consequences for missing work until a complete, high-quality late assignment is turned in. Consequence examples: parent contact, after-school tutorial referral, lunch detention, loss of privileges, etc. Make-Up Work When a student is absent or tardy, it is his/her responsibility to find out what was missed by asking a fellow student, looking at the agenda on the whiteboard, or looking it up on Google Classroom or Student Connect prior to asking the teacher. After returning from an excused absence, students will be given at least the equivalence of the number of days missed to make up and tum in the missed work as well as any missed quizzes and tests. Q Parent Connect, Google Classroom and Remind • I recommend that all parents/guardians set the option on O Parent Connect to receive email notifications. To do this: Log onto Parent Connect and click the "Email Notifications" link at the top right. Click the box for "Assignments" and hit "Submit." As a result, any time a teacher enters an assignment or grade, the parent/guardian will be notified by email and able to follow up with his/her student about it. I also strongly suggest that parents/guardians regularly check student assignments and grades in Q Parent Connect, especially after an absence. • Google Classroom will be used to assign and collect many assignments. You may ask your student to log onto a device at home or on your smartphone to monitor his/her progress on assignments. • Messages and reminders will be sent out via our class Remind account. If you want to receive these messages, dial 81010 and text the message: @7k68kad English 10 Intervention Opportunity When a student of mine needs extra help, time and/or support on an essential reading or writing skill, I wil1, on a temporary basis, bring him/her from PE (especially period 2, 4, or 7) into my classroom to help strengthen those skills, only as needed. In this case, the missed PE is excused and does not need to be made up. If you have any questions or concerns, please email me at loriherb@cusd.com. District Literature Selection Letter August 19, 2019 Dear Parent: The Clovis Unified School District has developed a comprehensive literature curriculum which reflects the contributions of many religious, ethnic, racial, and cultural groups to our American heritage and mirrors our pluralistic society. The core, extended core, and supplemental literature selections for each course have been made with attention to maturity levels, abilities, and interests of the students served so as to foster factual knowledge and literary appreciation which will enrich and support the curriculum. Guided lessons have been designed for all works so that your student's experience in reading will enhance the understanding of themes, characters, and social/cultural issues. Since literature is a matter of taste, we encourage parents to review the core, extended core and supplementary literature which will be used in the course their student will be taking. To help parents review the selections, a brief summary has been included with the attached course syllabus. If you have any questions regarding a title(s) on the reading list, please contact your student's teacher to discuss your concerns. We look forward to discussing specific works of literature with parents. The Clovis Unified School District realizes its responsibility in allowing choice to educators, parents, and students in the selection and use of instructional materials, and the choice of parents and students to decline participation where personal values are in conflict with said materials. When selections are found to be in conflict with parent or student values, alternative assignments will be provided upon receipt of a written or verbal parent request. Prior to requesting an alternate selection, parents are encouraged to read the entire piece of literature to ensure an informed choice can be made. Plagiarism Policy PLAGIARISM: Plagiarism is taking someone else's words and claiming them as one's own. Plagiarism includes but is not limited to: 1. Writing an essay or assignment that uses one person's work as a basis for another's. It may be word for word or changed somewhat, in order to appear original. 2. Copying sentences, phrases, or terminology from a formal source without using quotation marks and/or without giving appropriate documented credit. A formal source is anything in printed form that is published in books, pamphlets, magazines, newspapers, etc., or posted on reliable internet web sites. 3. Another's artistic or scholarly work represented as one's own, such as musical compositions, computer programs, photographs, etc. HOW TO AVOID PLAGIARISM: 1. Know the types of documentation your teachers require or allow. 2. Know if your teachers allow you to work together with other students on assignments. This may vary from teacher to teacher and from assignment to assignment. This includes copying of class notes. 3. Know the difference between "working together" and plagiarism. There is a point at which working together can become plagiarism. Ask your teachers to discuss their policies on plagiarism and working together, if they do not cover it within the first two weeks of the semester. * The following guidelines are for all printed and online works: 4. When taking notes, write down information about the source you are using right away. 5. When paraphrasing, read whole sections at a time, then look away from the text and put the ideas in your own words. List the source of this information in your bibliography (works cited page) and parenthetically cite it in your paper. 6. If you want to use another writer's exact phrases or sentences, put them in quotation marks, give his or her name and page number in parenthetical citation, and include the source on your Works Cited page. ONLY A SMALL PORTION OF YOUR PAPER SHOULD CONSIST OF QUOTES, and these must all be parenthetically documented. 7. Do not cut and paste Internet material into a word processing program unless you include information about the source material along with it. Printed Internet material is not exempt from citation rules. 8 . Any ideas or information that are not your own or are not common knowledge must be cited. This includes: written or spoken material of any length, original theories or ideas (even if not repeated word for word), facts, statistics, graphs, drawings, photos, lab results - ANY material you borrow from other sources. Disciplinary Action for Plagiarism Violations: FIRST VIOLATION: results in an automatic "ZERO" on the assignment, test, or project AND a Thursday or Saturday school. SECOND VIOLATION: results in an automatic "ZERO" on the assignment, test, or project AND a suspension. THIRD VIOLATION: results in an automatic "ZERO" on the assignment, test, or project, a suspension, and a possible referral to Alternative Education (Gateway). CUSD Board Policy 3305