NEW ORLEANS — Today, the Southern Poverty Law Center (SPLC) and Loyola Law Clinic reached a settlement agreement in P.A. on behalf of a minor child, A.A., et al. vs. St. Bernard Parish School Board. The agreement resolves claims that St. Bernard Parish Schools routinely violated the rights of students with disabilities by placing them in a punitive alternative school setting without the appropriate accommodations and education services to meet their needs.
The settlement will provide significant policy changes in how disciplinary action is administered, including the application of due process for affected students.
“This settlement is a significant step toward justice for the students and families in St. Bernard Parish,” said Ashley Dalton, senior staff attorney at Southern Poverty Law Center. “The settlement will benefit all students as it requires the school district change its policies; protects students’ due process rights; and ensures that principals and administrators who administer student discipline undergo training in restorative and trauma-informed approaches.”
The lawsuit, filed on June 27, 2023, in the U.S. District Court for the Eastern District of Louisiana, alleged systemic violations of the rights of students with disabilities. As part of the settlement, St. Bernard School Board has agreed to guarantee due process procedures to any student referred for expulsion to the alternative school; provide any student referred to an alternative school due to disciplinary referral with a definitive exit date; and comply with mandatory reporting requirements of the U.S. Department of Education Civil Rights Data Collection Program.
“No child with a disability should be funneled into an alternative school without due process and have to languish there indefinitely due to a lack of adequate support and services,” said Sara Godchaux, adjunct clinic professor at Loyola University New Orleans College of Law. “We are pleased that the changes to district policies and practices from this settlement agreement will help prevent other students from being subjected to the same experiences as our clients.”
The resolution of this case reflects the Southern Poverty Law Center’s commitment to ensuring that school districts comply with federal and state laws regarding students with disabilities and enforce students’ due process rights.
Read the agreement here.
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About the Southern Poverty Law Center
The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.