CLAY COUNTY, Fla. – The U.S. Department of Justice said it has reached a settlement agreement with the Clay County School District after the school system was accused of failing to provide English-learner students with the language instruction needed to become fluent in English and failing to provide non-English speaking parents with important school information in a language they could understand.
DOJ said the district cooperated with its investigation and has agreed to revise its policies and improve its services so that students can learn English and fully participate in the district’s educational experience.
“Students who are learning English have the right to engage in coursework alongside their peers, and schools must take action necessary to make that right a reality,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division in a news release. “The Justice Department will continue to hold schools accountable when they fail to deliver on our collective promise of equality. This agreement will help ensure that English learner students in Clay County are given the tools necessary to succeed and strive in the classroom.”
DOJ said it also found that English learner students could not meaningfully participate in core content classes, like math, science and social studies and did not receive individualized academic and behavioral supports that are available to their peers. In the face of these shortcomings, the district failed to take timely corrective action to ensure equal access, DOJ said.
Under the agreement, DOJ said the district will modify its practices so that English learner students are properly assessed and identified shortly after their enrollment, promptly provided with language services if they qualify and have the opportunity to equally benefit from the academic and behavioral supports provided to their peers. The district will also make certain that all teachers are qualified, trained and provided enough support and resources to help English-learner students become fluent in English and understand their core-content courses.
Lesly Prudent, who was the first Haitian-American school principal in Florida, was involved in a lawsuit against Maimi-Dade County in the 1980s and 90s to get better instruction for non-English speaking students at the time.
“Communication is what gives you access to every part of the economy. To be out there with friends who speak the language, in school if you don’t speak the language you won’t do well. Your grades will reflect that,” Prudent said.
The district will also provide language translation and interpretation of important school information to parents who are not fluent in English. DOJ said it will oversee the district’s implementation of the settlement agreement over the next four school years.
“School districts must provide English learner students with appropriate services to overcome language barriers,” said U.S. Attorney Roger Handberg for the Middle District of Florida. “We are pleased that the Clay County School District has agreed to embrace its obligation to meet the language needs of its English learners so that students can learn English and fully participate in the district’s educational experience. Equal access to educational opportunities is at the heart of civil rights protections for our youth and students are entitled to equal access despite any language barriers they may have.”
Clay County schools issued a statement following Monday’s announcement:
“The District was contacted in 2019 regarding support services for English Speakers of Other Languages (ESOL). The District continues to work through our Title III and ESOL Department to ensure our teachers are certified and trained in strategies that successfully support and teach ESOL students while simultaneously teaching students the English language. Our current program has been approved by the state of Florida, and the District stands prepared to continue building upon the success of our current English Learner Program and expand the program through the implementation of additional coaching and support.”
Terri Dennis, Clay County District Schools
Prudent said students who don’t get up to speed on the language sooner can end up taking lower-wage jobs after school because they didn’t receive good instruction when they were younger.
“Let’s say a 10-year-old gets to the United States. They don’t speak English. They have some knowledge so they need somebody to help them transcribe the knowledge from one language to the other. So the key is to have people at the school district who can communicate with the parents,” Prudent said.
Rebecca Black, an immigration lawyer, said children suffer when they don’t have adequate resources as learning English early in school is critical for long-term success.
“They can learn because if English isn’t their first language it is very helpful for them to have ESOL classes so they can have English and fully participate in other classes,” Black said. “Lack of language ability, unless you have an extraordinary personality, means you’re not going to be able to do well in school or go on to college. Jobs are always going to be a little substandard because you can’t speak well.”
The department’s Civil Rights Division and the U.S. Attorney’s Office for the Middle District of Florida jointly investigated under the Equal Educational Opportunities Act of 1974. The enforcement of the Equal Educational Opportunities Act of 1974 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at Justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at Justice.gov/crt/educational-opportunities-section.
