Case: DOJ Investigation of the Colton Joint Unified School District

This was an out of court matter initiated by the United States Department of Justice Civil Rights Division (DOJ). The DOJ investigated the Colton Joint Unified School District for noncompliance with the Equal Educational Opportunities Act (EEOA), finding shortcomings in the District's English Language (EL) programs. The investigation identified multiple areas of concern, including the failure to provide adequate language services for EL students, resulting in a lack of focused instruction in English Language Development and premature exit from the EL program. Additionally, the District was found to have lacked qualified staff for EL programs, with core content staff insufficiently trained, limiting EL students' access to core content classes. The DOJ also found lapses in services to EL students with disabilities, as well as barriers to participation in the District’s gifted and talented program.

The parties reached a settlement agreement on December 19, 2022. The agreement outlined general and specific requirements to rectify the identified issues, with specific provisions delving into the provision of EL services and access to the core curriculum. The District was obligated to provide daily language development to EL students, designating English Language Development as a core subject. Teachers of Designated and Integrated English Language Development were required to document standards, objectives, and strategies in their lesson plans. Staffing and professional development were addressed with mandates for teacher certifications and ongoing training programs. The District was required to submit a professional development plan for review and approval, encompassing annual training for various teacher categories. Measures were put in place to ensure the duration and practicality of professional development, allowing teachers to effectively plan, deliver, and adapt content for EL students.

English language learning for students with disabilities was also addressed in the agreement. The District had to identify, locate, and evaluate EL students with disabilities using trained personnel and valid assessments. Specific steps were outlined to ensure appropriate services for EL students with disabilities, emphasizing language-appropriate communication and inclusion of Limited English Proficiency parents/guardians in the Individualized Education Program (IEP) planning process. The agreement also focused on the development of guidance for providing primary language support to EL students with disabilities and mandated the training of special education staff, core content teachers, and teachers of Designated English Language Development who worked with EL students with disabilities. 

The agreement also covered access to the gifted and talented program.. The District agreed to provide written information about gifted and talented programs in a language understandable to parents, with translations available in Spanish and other languages upon request. Proposed written procedures for EL students' participation in gifted and talented programs were to be submitted for review and approval within 90 days. The use of testing for identifying gifted and talented students, translation of test directions into Spanish, and outreach strategies for informing EL parents about the gifted and talented program were also specified. The District committed to tracking EL students' participation in the gifted and talented program, evaluating the data annually, and taking affirmative steps if needed. 

Program monitoring and evaluation involved maintaining records of EL services, English Language Proficiency progress, and academic performance. Quarterly and twice-yearly reviews were instituted, and valid criteria were established for exiting EL students from programs. Further, the District agreed to monitor compliance with the Agreement through school-level audits. The District agreed to submit annual reports until the conclusion of the agreement, which was to terminate after three years, in 2025.

As of January 2024, reporting remains ongoing.