Case: DOJ Investigation of Clay County School District

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Case Summary

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 st…

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)

Documents in the Clearinghouse

Document

DOJ Letter to Clay County School District

June 29, 2023

June 29, 2023

Findings Letter/Report

Settlement Agreement between the United States of America and Clay County School District

Oct. 30, 2023

Oct. 30, 2023

Settlement Agreement

Docket

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Florida

Case Type(s):

Education

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):

Jurisdiction-wide

Case Details

Special Case Type(s):

Out-of-court

Available Documents:

Findings Letter/Report

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Education

Failure to train

Individualized planning

Language access/needs

Reassessment and care planning

School/University policies

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Discrimination Basis:

Language discrimination