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Tipsheet

America First Legal Files Civil Rights Complaint Over Colorado School District's Race-Based Discipline

America First Legal Files Civil Rights Complaint Over Colorado School District's Race-Based Discipline
AP Photo/Ron Harris

In an effort to promote "equity" and address the "disparate impact" of disciplinary action, many schools decided to stop holding minority students accountable for classroom misbehavior. The Left argued that because those minority students misbehaved more often and were therefore subject to discipline more frequently, the system was racist.

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At Ross S. Sterling High School in Baytown, Texas, we saw the inevitable, deadly consequences of this malfeasance: 16-year-old Andrew Meismer was stabbed to death during the school day by Aundre Matthews. Students protested, saying Matthews had a long-standing violent disciplinary problem that the school district ignored.

"He was a great guy, he didn't deserve this, said one student. "And the school district is out here, they're not separating these kids that clearly aren't fit to be in a normal classroom environment and are a danger to other students."

"A few teachers were complaining about the student before," said another student. "About all the assault charges and knives that he brought on campus, but nothing was ever done about it."

Did the school ignore the issues because Matthews is a minority? It's a question worth asking, because we've seen that scenario play out in districts across the country.

Now America First Legal (AFL) has filed a federal civil rights complaint against the Cherry Creek School District in Colorado for its race-based disciplinary system.

"The District disciplines its students differently based on race," the complaint reads. "Specifically, the District favors and affords leniency to BLack students when compared to other races. This leniency derives from the District's policy of "culturally responsive" discipline — i.e., applying subjective disciplinary standards dependent upon a student's race. Furthermore, it punishes administrators who refuse to comply with the District's race-based discrimination."

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As AFL points out, the District believes Black student misconduct is "culturally appropriate."

Talk about the soft bigotry of low expectations.

Staff say the discriminatory policies have left them with their hands tied.

Audio recordings obtained by a whistleblower show the District's policies use racial framing to override student discipline, and blame "whiteness" for staff concerns relating to discipline.

The video is 40 minutes long, but it is worth listening to.

The notion that disrespectful and disruptive behavior is "culturally appropriate" is a repeated theme.

This echoes what the Left has said for years about "white culture," emphasizing respect, timeliness, and work ethic. 

It's also inherently racist because the school is saying it cannot expect Black students to behave appropriately in school and holds them to a different, lesser standard than their White peers.

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When educators cannot enforce classroom discipline, chaos reigns, and no one learns anything, which is probably the point. 

In one case, an Asian student who shared a video that violated school policy was suspended. Two Black students who did the same were not disciplined at all.

And administration knows they're breaking the law, because one told staff not to discuss discipline practices in email, because "this is going to get ugly" if it's exposed.

The District also racially discriminates against staff, firing one staff member who objected to an "equity training session."

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Title VI of the Civil Rights Act prohibits such discrimination.

"CCDS receives federal taxpayer dollars and is subject to federal investigative and enforcement authority," AFL wrote. "AFL is urging the Department of Justice and the Department of Education to immediately open a directed investigation and require corrective actions to END unlawful discrimination."

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