Community Organizations Urge Santa Clara County Board of Supervisors to Use Race Demographic Data on COVID-19 to Tackle Longstanding Racial Disparities

NEWS RELEASE
April 22, 2020
CONTACT: communications@lawfoundation.org

SAN JOSE, CA — The Law Foundation of Silicon Valley and Sacred Heart along with 19 other Santa Clara County community-based organizations sent a letter today to the Board of Supervisors urging the county to use race demographic data on COVID-19 to tackle longstanding racial disparities and system inequities. The groups applauded the release of race demographic data for COVID-19-related deaths, and called on the county to release expanded data so that it can be used to address the inequities and root causes of systemic racism as plans move forward for recovery and rebuilding.

Read the letter in full:

Dear President Chavez and Members of the Board:

We are writing on behalf of 21 Santa Clara County community-based organizations to applaud the County’s bold leadership during the COVID-19 pandemic, including the important decision to release race demographic data for COVID-19-related deaths.

We also look forward to the further release of reliable race data for other COVID-19-related categories. Even without expanded data, however, it is clear that communities of color are among the hardest hit – even here in Santa Clara County. That is why this data is so critical. We must use this information to guide our collective response by creating policies that address these inequities in significant ways and in ways that target the root causes of systemic racism.

The newly released data shows deaths of Latinos and African Americans are happening at alarmingly disproportionate rates. Of 88 deaths, 33% were Latino even though Latinos make up only 25% of the general population, and, nearly three times as many African Americans have died compared to the general population. (Santa Clara County Public Health Department COVID-19 Dashboard, 4-21-20)

Moreover, we know that Latinos and African Americans are more likely to hold the essential services jobs that we all are heavily relying on during this crisis. They are cleaning our buildings, getting food on our tables, and taking care of our loved ones who are vulnerable and sick. And, yet, these are the very jobs we typically undervalue with inadequate compensation and lack of healthcare access.

Communities of color have been subjected to centuries of racist policies that have led to inequitable access to adequate health care, education, housing, economic opportunity, and more. We appreciate the County’s recognition that social determinants of health may impact the distribution and severity of COVID-19 across the community. We further acknowledge the County’s leadership over the past several years in developing its governance in ways that apply a race equity lens, including participating in GARE (Government Alliance on Race & Equity) and using race equity analyses. There is no question that COVID-19 has exposed the deep-seated inequities that have long plagued our society.

That’s why we are grateful for the County’s bold leadership throughout this crisis, including prioritizing the release of reliable race demographic data. And, we ask the County to take hold of this critical data to boldly address these inequities as we move into the planning for recovery and rebuilding. Specifically, we ask the County to:

• release expanded, reliable race demographic data, including testing, confirmed cases, hospitalization, as soon as it becomes available;

• add the collection, tracking, and release of related data, including housing status if available, as quickly as possible;

• use the race data to develop policies and distribute resources during the recovery and rebuilding process that tackle these racial disparities and their root causes at system levels; and

• center the voices and experiences of individuals of color most adversely impacted by this crisis in the recovery and rebuilding process.

We appreciate the actions you and other elected officials have taken thus far to provide shelter for homeless people, halt evictions, expand financial relief for unemployed individuals, extend sick leave, and enhance our health care infrastructure for those in need. Let’s work together to ensure these are not just temporary changes because they reveal what is possible when we realize that our fates are all tied together. As we move ahead, we look forward to working together to ensure that our post-coronavirus Silicon Valley is a more equitable one.

Sincerely,

Poncho Guevara, Executive Director
Sacred Heart Community Service

Megan Fluke, Executive Director
Green Foothills

Verónica Goei, Executive Director
Grail Family Services

Sparky Harlan, CEO
Bill Wilson Center

Kyra Kazantzis, CEO
Silicon Valley Council of Nonprofits

Tom Myers, Executive Director
Community Services Agency

Esther Peralez-Dieckmann, Executive Director
Next Door Solutions to Domestic Violence

Suzanne St. John-Crane, CEO
American Leadership Forum Silicon Valley

E. Christopher Wilder, CEO
Valley Medical Center Foundation

Kevin Zwick, CEO
Housing Trust Silicon Valley

Alison Brunner, CEO
Law Foundation of Silicon Valley

Milan R. Balinton, Executive Director
African American Community Service Agency

Shiloh Ballard, President & Executive Director
Silicon Valley Bicycle Coalition

Leslye Corsiglia, Executive Director
SV@Home

Tanis Crosby, CEO
YWCA Silicon Valley

Cayce Hill, Executive Director
Veggielution

Gregory Kepferle, CEO
Catholic Charities of Santa Clara County

Sarita Kohli, President & CEO
Asian Americans for Community Involvement

Michele Lew, CEO
The Health Trust

Jennifer Loving, CEO
Destination: Home

David K. Mineta, President & CEO
Momentum for Mental Health

40+ Community Orgs: Protect K-12 Students From Expulsions During COVID-19 Crisis

April 13, 2020

The Honorable Gavin Newsom
Governor, State of California
State Capitol, Suite 1173  
Sacramento, CA 95814

The Honorable Tony Thurmond
California State Superintendent of Public Instruction
California Department of Education
1430 N Street
Sacramento, CA 95814

Dr. Linda Darling-Hammond
State Board President
State Board of Education 
1430 N Street, Room 5111
Sacramento, CA 95814

Re:  Request for a Moratorium on Expulsions from K-12 schools during COVID-19 crisis

Dear Governor Newsom, State Superintendent Thurmond and State Board President Dr. Darling-Hammond:

 Thank you for your leadership in the midst of the COVID-19 crisis within our state and nation. We are a coalition of organizers, advocates, and attorneys who partner with and represent California students who have experienced exclusionary discipline, such as suspension and expulsion. 

 We are writing to ask you to take decisive action to ensure that California’s most vulnerable youth are not pushed out of California schools via expulsion during this crisis by issuing an executive order that places a moratorium on K-12 expulsions.  We respectfully request that you issue an order protecting students from expulsion during this crisis and ensuring that school campus closures do not prevent currently expelled students who are completing their term of expulsion from returning to their home schools when campuses reopen. 

Exclusionary discipline practices, such as expulsion, disproportionately impact California’s most vulnerable students, such as students of color, students with disabilities, English Language Learners and foster youth (1).  For example, African-American students make up 5.5 percent of California’s students but nearly 13 percent of students expelled from California schools (2). The rate of expulsion for American Indian or Alaska Native students in California is over 3.5 times the rate of expulsion for White students (3).  As leaders concerned with the success of all students, you have recognized the urgent reforms needed to combat school pushout. It is in that spirit that we are seeking your partnership to advance the following recommendations for students in deep need throughout the state.

RECOMMENDATION #1: DIRECT ALL SCHOOL DISTRICTS TO CEASE EXPULSIONS

California school districts have taken widely varied approaches to expulsions during the COVID-19 pandemic. Some school districts are postponing expulsion hearings until schools reopen. Other districts are proceeding with expulsion hearings in the midst of the pandemic via telephone or video conference. Expulsion hearings conducted by telephone or video conference in the midst of this public health crisis will undoubtedly be inequitable and further exacerbate disparities in school discipline. A student expelled when physical campuses across the state are closed may face insurmountable barriers to connecting with an appropriate alternative educational placement and thereby be deprived of their fundamental right to an education. Students who were supposed to complete a term of expulsion during the current campus closures face uncertainty about whether they will be permitted to return to their campus when it reopens or whether they will serve an even longer expulsion term due to this crisis. To ensure a consistent statewide approach that protects the most vulnerable students from being severely impacted by expulsions during this crisis, we are calling for schools to cease all expulsions during this emergency period.

RECOMMENDATION #2: ISSUE AN EXECUTIVE ORDER DIRECTING ALL SCHOOL DISTRICTS TO WITHDRAW ANY PENDING EXPULSION RECOMMENDATIONS

The California Education Code sets forth numerous specific timelines and basic hearing requirements related to expulsions designed to protect the constitutional and due process rights of students and their families. Unless action is taken now, several educational state agencies will likely receive mass filings from students and their families related to expulsions happening in the midst of the COVID-19 pandemic. Specifically, County Offices of Education will likely experience an increase in expulsion appeals and the Special Education Division of the Office of Administrative Hearings can expect a rise in due process complaints.

While some expulsion recommendations are being withdrawn during this challenging time, some school districts are postponing expulsion hearings until schools reopen or proceeding with hearings in the midst of the pandemic via telephone or video conference. Hearings by telephone or video conference present serious due process concerns. Further, advocates have already identified failures to comply with the normal statutory timelines for expulsions, which protect the rights of students and families to expeditious resolution of these matters. In addition to presenting due process and other legal concerns, school districts exacerbate the fear and anxiety related to the educational futures of California’s most vulnerable students by postponing expulsion hearings until schools physically re-open. Additionally, due to the practical realities facing school districts at this moment and varied interpretations of the law as it applies during a pandemic, some students whose districts are proceeding with hearings during this time may be deprived of access to vital educational records or assessments that form the basis of their defense. Finally, students who are expelled or facing expulsion during this crisis must attend some alternative educational placement. During the COVID-19 crisis these students face numerous practical barriers to connecting to a suitable alternative educational placement. These practical barriers will likely render many students unable to connect with an alternative educational placement at all and without access to an education for months. In light of these concerns, school districts should be prohibited from expelling any student recommended for expulsion in the past three months, from expelling any student recommended for expulsion for actions that occur while school campuses are physically closed and retroactive protection should apply for students who faced exclusion after California districts closed mid-March 2020.

RECOMMENDATION #3: ALLOW STUDENTS TO RETURN TO THEIR HOME DISTRICTS IF THE TERM OF THEIR EXPULSION ENDS DURING THE SCHOOL CLOSURES

Students are expelled from their districts, for a specified term, often one or two semesters. During that time, while attending a small number of community schools, students must complete “rehabilitation plans,” necessitating that they demonstrate near perfect school attendance, strong grades, and no behavioral infractions. Any attendance, academic or behavioral issue may be considered a failure to fulfill the terms of the student’s rehabilitation plan, and thereby prohibiting them from returning to their home school district. Schools need clear guidance about how to handle rehabilitation plans during the course of the pandemic. In the midst of the crisis created by this pandemic, while all California K-12 students are engaged in distance learning, it will be nearly impossible for these vulnerable students to prove things like attendance, appropriate grades, and good classroom behavior. School districts should be directed to give students who have been expelled credit for this time that our school campuses are physically closed. Students who are currently expelled should be considered to have fulfilled 4 the terms of their rehabilitation plans and allowed to return to their home schools at the end of their term if their expulsion term ends at any time during the school closure. Expelled students must be given credit for their rehabilitation plans during these school closures so they can return to their home schools when their classmates do. Now more than ever, students and their families need comfort and support, and we should not allow social distancing to turn into social exclusion. We are available to answer any questions you may have about this request and look forward to hearing from you. Please contact Angela McNair Turner from Public Counsel at aturner@publiccounsel.org if you have any questions. Thank you again for your leadership and we hope California will continue to take bold steps against the school-to-prison pipeline.

Sincerely,

Angela McNair Turner, Staff Attorney, Education Rights Project, Public Counsel

Julia Souza, Supervising Attorney, Law Foundation Of Silicon Valley

Marc Philpart, Managing Director, Policy Link - Alliance for Boys and Men of Color

Oscar Lopez, Staff Attorney, East Bay Community Law Center

Read the full letter.

1. See generally U.S. Commission on Civil Rights, Beyond Suspensions: Examining School Discipline Policies and Connections to the School-to-Prison Pipeline for Students of Color with Disabilities (2019).
2. California Department of Education, Dataquest
3. Id.

Law Foundation: City Council Has the Constitutional Power to Enact Rent Pause

NEWS RELEASE

FOR IMMEDIATE RELEASE

April 8, 2020

CONTACT: communications@lawfoundation.org

Law Foundation: City Council Has the Constitutional Power to Enact Rent Pause

Law Foundation Expresses Disappointment with
San Jose City Council’s Failure to Move Forward with Rent Pause

SAN JOSE, CA — The Law Foundation of Silicon Valley today issued the following statement from Housing Directing Attorney Nadia Aziz in response to the San Jose City Council’s failure to advance a measure that would pause rent payments for three months:

“Thank you to Councilmember Carrasco for her leadership and continued advocacy for better housing solutions for our community. The Law Foundation is disappointed that the San Jose City Council failed to move forward with a rent pause ordinance, and we disagree with the City Attorney’s analysis that such an ordinance would be unconstitutional.

As stated in our letter to San Jose City Council, when there is a public health emergency, the California Constitution provides cities with broad emergency powers to protect the life and property of its residents. Additionally, Governor Newsom’s March 16th Executive Order grants cities additional powers to take actions that prevent homelessness. It is clearly established law that regulating the price of goods, including rent, fall within these emergency powers. 

The City Attorney’s analysis ignores the broad emergency powers that exist in unprecedented emergency situations, like the current public health crisis.

The most important thing that a city can do during this crisis is ensure its residents are safe and healthy and able to stay at home. Bold and broad action is needed now to protect San Jose families from wide-spread evictions and the subsequent homelessness that will result as more and more residents face job losses and furloughs.

We urge City Council to reconsider in light of the broad emergency powers granted under the California Constitution to enact a rent pause ordinance.”

About the Law Foundation of Silicon Valley

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