ACLU files complaint against Nampa School District, alleges Latino student discrimination

BOISE, Idaho (CBS2) — The American Civil Liberties Union (ACLU) of Idaho filed a complaint on Wednesday with the U.S. Department of Justice Civil Rights Division, Educational Opportunities Section, on behalf of Latino students impacted by the dress code, discipline policies and practices of the Nampa School District.

The complaint claims that over several years, the Nampa School District has implemented discipline in a way that disproportionately targets Latino students, particularly through the district's dress code and gang policies.

About 40 percent of students in the Nampa School District identify as Latino.

Wearing the symbol of the United Farm Workers - La Huelga bird, a Catholic rosary, or even a particular color for some students, like red or blue, could all be considered evidence of membership in a gang, which could lead to suspension or expulsion in the Nampa School District. That's according to a complaint filed by the ACLU Wednesday.

The school district's gang activity policy was implemented in January of 2020.

Under the policy, students are not allowed to "wear, possess, use, distribute, or sell any clothing, jewelry, emblem, badge, symbol, sign, or other items which are evidence of membership in, affiliation with any gang and/or representative of any gang, or display tattoos which may be affiliated with any gang and/or representative of any gang."

“What we ultimately found is that students were arbitrarily stopped for wearing clothing that white students could wear without any problem," said Dina Flores-Brewer, an attorney for the ACLU of Idaho.

Flores-Brewer says the Nampa policies are too vague and leave too much up to interpretation for staff.

"The district provides sweeping discretion to discipline students for dress and expression while simultaneously failing to provide defined guidelines. What's more, formal and informal policies maintain a culture within the school district that has targeted and disproportionately disciplined multiple generations of students. Latine students are a vital part of Idaho, and they deserve a seat in a classroom where they will not be mislabeled, pushed out, or punished for who they are," said Erica Rodarte, a legal fellow at the ACLU of Idaho.

A lot of the enforcement, Flores-Brewer says is based on presentations for school staff by Nampa police.

"[The police department] actively asks them to please document any gang violations in the school database," Flores-Brewer said.

In one case, she says an 11-year-old boy was stopped for having a Mexican flag bandana in his notebook. He was later suspended after a fight with a bully at school, she said.

“This kid doesn’t belong to any gang but he was targeted and marked as a gang member," she said.

The next school his mother tried to enroll him in wouldn't take him, she said, because they thought he was affiliated with a gang.

Flores-Brewer says discipline often goes undocumented, so it’s unclear how often kids are pulled out of class because of these policies.

“Every minute, every day not in the classroom is a lost educational opportunity that you can't get back. This has very strong impacts on our students," Flores-Brewer said.

She says many of the kids targeted aren't involved with gangs, but says that shouldn't matter.

“Being a member of a gang, even if they are is not a crime in and of itself," Flores-Brewer said. "Children who are members of gangs are still entitled to an education."

She says students often wear certain clothing and accessories to feel closer to their culture and faith.

“Many Latinx students are Catholic and the rosary is a very important symbol in Catholicism. Students wear them for comfort, for protection," Flores-Brewer said.

The ACLU believes the school district is breaking multiple laws, including Title IV and Title VI of the Civil Rights Act, and the Equal Opportunities Act, which applies to students and parents who are English language learners.

“You can’t participate in school if there’s a language barrier, likewise you can't advocate for your child if there’s a language barrier,” Flores-Brewer said.

The ACLU wants the Department of Justice to investigate. It wants the district to correct any illegal policies and enforcement with specific written rules, so students know what is and isn't allowed.

A spokesperson for the district says it's aware of the ACLU's complaint and is awaiting advice from legal counsel.

Nampa School District released the following statement when the original ACLU report highlighting the disproportionate punishment of Latino students in Nampa and Caldwell schools was released:

The recent report published by the ACLU has brought attention to the complex issue of gang activity and violence in schools. Gangs and their history of violence have posed significant challenges to our district and community for many years. However, we are determined to confront this issue head-on and are deeply committed to creating schools and a community that are free from any form of gang activity.Throughout the years, our district has maintained a strong and proud partnership with our local police department. Their consistent efforts and successful track record in curbing gang violence in our schools and community have been invaluable. We greatly appreciate their expertise, support, and training, which have played a crucial role in ensuring the safety of our schools—a priority that has become even more paramount in recent times.We want to emphasize that at no point have we endorsed or supported any practices that discriminate against any of our students. The Nampa School District continues to strive for excellent for all students, including our Hispanic and LatinX students and families. We stand committed with our community to ensure a safer future for all.

Flores-Brewer encourages parents to share their stories with the ACLU if they believe their child has been discriminated against, regardless of the district they're in.

A copy of the Department of Justice complaint can be found HERE. A copy of the Department of Justice complaint in Spanish can be found HERE.

This story has been updated to include additional details from the ACLU's investigation, as well as quotes from attorney Dina Flores-Brewer.

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