Welcome to District Deeds Sunday Reads!

This week we continue with our 2023 HAT Trick Resolution of holding the San Diego Unified School District (SDUSD) to FULL Honesty, Accountability, Transparency with the District Deeds HAT TRICK Handbook “Chapter7(b) Question 2  ‘Discrimination, harassment, intimidation and/or bullying’ Categories GENDER – NATIONAL ORIGIN”.

To get the full background and chapters of our Uniform Complaint (UC) Handbook initiative, please review the previous entries for this handbook:

District Deeds HAT TRICK Handbook

UC Preface and Introduction

UC Chapter 1 – Documentation, Documentation, Documentation!

UC Chapter 2 – CDE Statute Of Limitations – #1 Reason for UCP Failure

UC Chapter 3 – The UC “FROM” Page – Break the SDUSD “Confidentiality” Myth!

UC Chapter 4(a) – UC Violation Checkbox Page – San Diego Unified Violation Items #1 – #7

UC Chapter 4(b) – UC Violation Checkbox Page – San Diego Unified Violation Items #8 – #14

UC Chapter 5: UC Violations Pandemic: Motivation for Filing Uniform Complaints!!!

UC Chapter 6: UC Question 2 – “Discrimination, harassment, intimidation and/or bullying” Definitions

UC Chapter 7(a) – UC Question 2 Violation Categories:           AGE – ETHNIC GROUP IDENTIFICATION

Along the way we will be providing “DD HINT“‘s and “DD Tip“‘s to highlight key information that Stakeholders should know when filing UC’s.

We also urge our readers to read our Disclaimer for ALL posts on this blog:

District Deeds Blog Disclaimer

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Chapter 7(b) Quote:

“Children get dealt grossly unequal hands, but that is all the more reason to treat them equally in school, Chris thought. “I think the cruelest form of prejudice is… if I ever said, ‘Clarence is poor, so I’ll expect less of him than Alice.’ Maybe he won’t do what Alice does. But I want his best.” She knew that precept wasn’t as simple as it sounded. Treating children equally often means treating them very differently. But it also means bringing the same moral force to bear on all of them, saying, in effect, to Clarence that you matter as much as Alice and won’t get away with not working, and to Alice that you won’t be allowed to stay where you are either.”
― Tracy Kidder

Chapter 7(b) Preface

Here are the second seven UC Question 2 Violation Categories we will be covering today:

The SDUSD frequently tosses around all of the 21 Question 2 “Categories” of ‘Discrimination, harassment, intimidation and/or bullying’ in official documents.  In fact a SDUSD document titled “Students – Nondiscrimination/Harassment” (Administration Regulation (AR) 5145.3 AR Nondiscrimination-Harassment) provides that list of terms verbatim.

However a search of the definitions and/or examples of HOW the SDUSD could actually violate those categories is, as expected, NOWHERE to be found on the SDUSD website.

District Deeds and astute SDUSD Stakeholders know that the LAST thing the corrupt and opaque SDUSD senior leadership wants is to be fully transparent and honest to empower SDUSD Stakeholders in holding them accountable for their misdeeds.

In other words, the antithesis of the 2023 HAT Trick Resolution.

That is why we are posting those definitions in our Uniform Complaint Handbook on three consecutive Sundays, 3/19/23, 3/26/23 and 4/2/23 .  We have gotten our definitions from a wide variety of sources and will list the attribution for each category when possible.

DD TIP: Remember—ALL of the following categories must be VIOLATIONS of question 2 –  “Discrimination, harassment, intimidation and/or bullying in programs receiving state financial assistance based on actual or perceived characteristics”

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Actual or Perceived Characteristic #8:

GENDER

Example: gender Discrimination

Title: KNOW YOUR RIGHTS AT SCHOOL – GENDER DISCRIMINATION

SOURCE: EQUAL RIGHTS ADVOCATES

(Sexual Harassment Know Your Rights Guide)

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Actual or Perceived Characteristic #9:

GENDER EXPRESSION

Example:  What you say, What you wear

Title: A Guide for Transgender and Gender
Nonconforming Students

SOURCE: ACLU/GLSEN

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Actual or Perceived Characteristic #10:

GENDER IDENTITY

Example: Transgender and Other Gender Non-Conforming Youth

Title: Beyond the binary – A Tool Kit for Gender Identity Activism in Schools

SOURCE: GSA NETWORK

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Actual or Perceived Characteristic #11:

GENETIC INFORMATION

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DD NOTE:  We are digging deeper into this UC Violation because this issue is somewhat complex and needs more explanation than most of the other “Actual or Perceived” UC characteristics.

The UC Violation category of Genetic Information is a relatively new development.  According to the National Human Genome Research Institute, California passed the “California Genetic Information Nondiscrimination Act” (CalGINA) in 2011 “which extended protections even further to prohibit genetic discrimination in emergency medical services, housing, mortgage lending, education, and other state-funded programs.”  A test case regarding the application of this law to Education can be found in an article in WIRED titled “DNA Got a Kid Kicked Out of School—And It’ll Happen Again” from 2016.  The article shows that CalGINA violations can be bundled with other laws: 

When Colman’s school tried to transfer him based on his genetic status, the lawsuit alleges, the district violated the Americans With Disabilities Act and Colman’s First Amendment right to privacy. “This is the test case,” says the Chadam’s lawyer, Stephen Jaffe.

in addition we found a description from the website of Kingsley and Kingsley Lawyers that describes Genetic Information in a workplace context that also fits an educational environment: 

DD Tip: We urge our readers who are contemplating the use of this UC Violation to bundle their complaint with other well established laws (i.e. ADA, 1st Amendment, etc.) if possible.

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Example: Genetic Information Discrimination

Title: GENETIC INFORMATION DISCRIMINATION IN PUBLIC SCHOOLS – A COMMON-SENSE EXCEPTION

SOURCE: UNIVERSITY OF THE PACIFIC LAW REVIEW – SCHOLARLY COMMONS

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Actual or Perceived Characteristic #12:

IMMIGRATION STATUS

Example:  Reporting undocumented Student and Family to U.S. Immigration and customs enforcement

Title: Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues

SOURCE: Xavier Becerra – California Attorney GeneraL

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Actual or Perceived Characteristic #13:

MARITAL OR PARENTAL STATUS

Example: school requires a pregnant student to participate in a separate program for Pregnant students 

Title: Supporting the Academic Success of Pregnant and Parenting Students

SOURCE: U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS 

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Actual or Perceived Characteristic #14:

NATIONALITY

DD Note: Violation #14 – Nationality and #15 National Origin are many times used interchangably in conversation but have a distinct difference in law.  Here is a good explanation defining each of these terms from Law at Work:

Example: African American Students are suspended at a much higher rate than non-minority Students

Title: DISCRIMINATION IN EDUCATION – FEDERAL LAWS

SOURCE: FINDLAW

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Actual or Perceived Characteristic #15:

NATIONAL ORIGIN

Example: Immigrant Students 

Title: THE IMPACT OF IMMIGRATION ON THE EARLY SCHOOLING EXPERIENCES OF CHILDREN FROM IMMIGRANT FAMILIES

SOURCE: MIGRATION POLICY INSTITUTE

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Thank you for reading Chapter 7(b)!

Next week in Chapter 7(c) we will clearly define and break down UC Question 2 Violation Categories “sex – actual” through “association with a person or group with one or more of the actual or perceived characteristics listed”.  Be sure to pass this on to ALL your SDUSD Stakeholder friends and colleagues for ALL chapters.

And remember the 2023 resolution for ALL San Diego Unified School District Stakeholders especially for ALL SDUSD Employees…

The SDUSD HAT TRICK – HONESTY-ACCOUNTABILITY-TRANSPARENCY

Together we can Make This Better!!!

See you next week for Chapter 7(c)!!!

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