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The United States Department of Justice (DOJ) initiated an out-of-court investigation into Clay County School District's program for English Language Learning (ELL) students. The DOJ found that the district failed to provide ELL students with sufficient support in fundamental ways. The district did not provide ELL students with the instruction they needed to become fluent in English, nor the individualized academic and behavioral supports available to their peers. The DOJ also found that ELL students could not meaningfully participate in several core content classes, like math, science and social studies, due to the language barrier. Finally, the district failed to adequately accommodate parents who were not fluent in English, as they were not given important school information in a language they could understand. In the face of these shortcomings, the district failed to promptly implement corrective measures to guarantee ELL students equal access.
The DOJ announced a settlement agreement on October 30, 2023. As part of the agreement, the district agreed to revise its policies and improve its services to enable ELL students to learn English and fully participate in their education. The district also agreed to modify its practices so that ELL students were properly assessed and identified in a timely manner after their enrollment, and promptly provided with language services if they qualified. The district would also ensure that all teachers were qualified, trained and provided with enough support and resources to help ELL students become fluent in English and understand their core-content courses. Translated and interpreted materials with important school information would be provided to parents who were not fluent in English.
The parties agreed to reports every six months, and the agreement was to terminate 90 days after the end of the 2027-2028 school year.
Summary Authors
Simran Takhar (11/11/2023)
State / Territory:
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The United States Department of Justice Civil Rights Division
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Clay County School District (Clay), School District
Defendant Type(s):
Case Details
Other Dockets:
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Issues
General/Misc.:
Reassessment and care planning
Staff (number, training, qualifications, wages)
Discrimination Basis: