Legal Question in Discrimination Law in California

School Board decision discriminatory towards low income, non-english speaking fa

My school district is made up of 6 traditional elementary schools and 1 alternative, parent cooperative school. A school board decision has been made to move the co-op school from it's satalite location into one of the traditional school campus', displacing the families that currently attend. The co-op consists mainly of upper income, privileged families and the traditional school's make up is very diverse with low income, non-english proficient families and children with special needs. The school board has been convinced that if the co-op moves into this newly remodeled school, it will attract families from outside our district, thus bringing in much sought after revenue. Those families who can not conform to the co-op's rigid participation requirements will be bussed to other district schools. Do we have a discrimination case against our school board?


Asked on 5/30/03, 11:55 am

1 Answer from Attorneys
Martin Snitow

Re: School Board decision discriminatory towards low income, non-english speakin

Do you have a discrimination case? On the facts you gave, probably not. You would have to show that the decision had the intent or effect of promoting school segregation. If there is an existing school desegregation court order, the court might have to approve this type of change.

This is a general answer, not a legal opinion on your claims. You should only rely on the opinion of an attorney whom you have retained and who has a professional duty to advise you after becoming fully informed about the facts and investigating the applicable law.

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Answered on 6/05/03, 12:07 am


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