School Reaches Settlement in Case of Discrimination Against Native Americans

A. Kairi
The Winner School district located in South Dakota has announced a settlement that it reached with the Winner/Ideal Native American Community regarding a discrimination class action lawsuit.

The lawsuit was filed on behalf of ten native American families with children attending schools in the district; a judge later certified the suit as a Class Action suit applying to all Native American families with children in the school district.

According to the press release, one of the ACLU lawyers representing the families, Catherine Kim said: "Across the nation, education for Native American youth is in crisis. In Winner School District, Native American students drop out of school, transfer to other districts, or are sent to detention facilities at rates far higher than white students. We are pleased that the Winner School District has agreed to take proactive steps to support Native American students. It is our hope that the district can serve as a model for other communities serving minority students."

The suit alleged that the district's disciplinary actions were discriminatory towards Native American students, and that the schools displayed open animosity to Native American families . The school also, allegedly, used statements Native American students gave school officials during disciplinary situations to prosecute the students in juvenile courts, according to the ACLU's press release.

The Winner School District did not admit to any wrongdoing and claimed that they reached a settlement to avoid a long court battle.

The president of the Winner School Board reportedly made the following statements concerning the settlement: "Our Board spent two days in Sioux Falls, away from our families and jobs, in order to address the concerns that had been raised. Our goal was to act in the best way possible for all children of this district and move on. Ongoing litigation for years would be detrimental to our main goal of educating kids. With this settlement, we have welcomed the opportunity to provide visibility into our disciplinary policies and our cultural diversity.", according to the ACLU's press release.

The settlement agreement contained several stipulations meant to ensure that Native American student's rights were respected. One stipulation prohibited school officials from forcing students to write statements, in the course of disciplinary matters, that could later be used against them in a court of law. The school agreed to include Native American themes in school activities and to provide Native American history, culture, and language classes. The Interwest Equity Assistance Center will also provide conflict resolution services for the students, and services designed to help teachers and school officials recognize unconscious racial bias and ensure equity in educational programs.

According to the ACLU's press release the settlement also contained provisions meant to increase cooperation and communication between the school and Native American Families. This included the establishment of a committee consisting of Native American parents and school officials; the committee will review all disciplinary actions for racial disparity.

An expert in education will also work with the district to monitor the situation and any improvements made in Native American students rates of graduation, disciplinary actions, and prosecution of Native American students in criminal court resulting from issues in school. The school must make substantial progress in meeting the goals of the settlement for at least four consecutive years before the settlement can be dismissed.

The Case Name is: Antoine et al v. Winner School District. Attorneys for the plaintiffs were: the national ACLU and the ACLU of the Dakotas, and Dana L. Hanna. The attorneys for the plaintiffs were assisted by Rosebud Sioux Tribal Council and the Rosebud Sioux Tribal Education Department .

Attorneys for the school district were: Gunderson, Palmer, Goodsell & Nelson, LLP.

Published by A. Kairi

A. Kairi is a natural beauty care and crafting enthusiast that has operated a natural beauty care products business since 2004. She has held dozens of natural beauty care workshops in private venues and at M...  View profile

  • suit alleged school discriminated against native american students and was hostile to their familys
  • school has much higher rates for native americans students dropping out,and being imprisoned
  • school admits to no wrongdoing claims they only settled to avoid drawn out court battle

3 Comments

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  • Ceetee6/18/2007

    Good. it's about time. my father occasionally talked about this subject from his own childhood schooling experiences.

  • Jamie K. Wilson6/18/2007

    I was absolutely shocked in Connecticut and, later, in the Southwest when I found out how widespread prejudice against Native Americans is. I stopped talking about my Cherokee ancestry when I was living in the North, it was so bad. But I don't know that forcing things on people via lawsuits is the way to go, either. Seems like that just sends hate underground, where it festers. There must be a better answer.

  • Carol Gilbert6/18/2007

    School districts do this insidious stuff all the time to all kinds of students. The more I hear about it, the more I believe that public education is completely out of control. Police and "security" cameras in schools, no touch of any kind policies...Glad to hear the plaintiffs won and hope the win is extended to others.

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