Standing Up for Black Students in Court

Across the country, Black and multi-racial students are going to court and claiming their right to classroom safety and equal education. Chicago Lawyers’ Committee recently added our legal muscle to these battles by signing on in support of “friend of the court” amicus curiae briefs in two ongoing racial discrimination cases.  

The first one, K.R. v Duluth Edison Charter Schools, involves three former Minnesota public charter school students who are challenging the school’s discrimination against Black students through how they handle discipline, treat students’ hair and cultural heritage, and enforce dress codes. 

According to the lawsuit, administrators knew about white students hurling racial epithets at Black students and staff making disparaging comments about Black families, but chose not to address and prevent these harms through disciplinary or other appropriate actions. In fact, administrators actively advised school faculty to ignore incidents when white students used the “N-word” at school—something that happened often. Yet, when Black students pointed out racism or defended themselves against physical assaults, school officials were quick to write these Black students up, remove them from class, or even suspend them. In a particular display of cultural ignorance, a teacher cut a Black student’s dreadlocks without warning or consent. The school also failed several times to protect Black girls in the same way they protected other students, punishing a Black/biracial girl for defending herself against three harassers and singling her out for dress code issues, while white students who violated the dress code were able to remain in class. Despite clear evidence of race discrimination against Black students, the school has asked the district court to throw out the students’ lawsuit without a trial. 

The amicus brief we signed, led by the National Women’s Law Center, explains how adultification bias contributes to disproportionate rates of harsh discipline for Black girls and boys alike, including Black students with disabilities. It also provides policy arguments on how school appearance and grooming policies and practices lead to discrimination against Black students, specifically highlighting that when schools force Black students to cut or otherwise change their hair, it can cause them serious emotional harm.  

In a second court case filed in 2019, a Black twelve-year-old student from Maryland challenged the court for requiring that he not be suspended from school as a condition of his probation. Joining the National Center on Youth Law and Public Justice Center, we support their argument that this condition is unconstitutionally vague given the disproportionate application of exclusionary discipline practices on Black students and does not advance any rehabilitative goal. You can read the brief here. 

Both these cases demonstrate how racial bias in schools causes educators to discipline Black students, and especially Black girls, more frequently and more harshly for subjective and minor behavioral problems. This persistent pattern of discrimination in school discipline can keep Black students from graduating on to higher education or even staying in school. We support the countless talented, driven students of color who are rising up to call out these practices and claim their right to education.