A judge will consider requests from the Kern County Office of Education (KCOE) and the California Department of Education (CDE) to dismiss claims filed against them by civil rights groups challenging discriminatory school discipline policies.

 

The CDE is asking the court to dismiss all claims by the plaintiffs against the office and request that the plaintiffs; lawsuit remove references to its legal obligation to monitor, intervene in or otherwise ensure local school districts' compliance with equal protection, non-discrimination, data reporting and other education laws.

 

The KCOE is asking the court to dismiss claims against it related to non-discrimination. The office previously made the same request and the court ruled against it. The KCOE is also requesting the removal of all other claims dependent on the non-discrimination claims.

 

Plaintiffs allege there is a long history of discriminatory practices that has resulted in the disproportionate expulsion and involuntary transfer of African American and Latino students.  When the disproportion was brought to the district's attention, the district changed its reporting practices and method of addressing discipline so that students are involuntarily transferred or forced to waive their hearing rights in order to stay in some kind of school setting, which often fails to meet the students' educational needs.