On December 15, 2010, the United States, on behalf of several Asian-American students who were allegedly discriminated against based on their race, color, and/or national origin, brought suit in the U.S. District Court for the Eastern District of Pennsylvania, against the School District of Philadelphia. The plaintiff, represented by the U.S. Attorney's Office and the U.S. Department of Justice, asked the Court for a declaratory judgment and injunctive relief under Title IV of the Civil Rights Act of 1964, 42 U.S.C. § 2000c-6, and the Fourteenth Amendment's Equal Protection Clause under 42 U.S.C. § 1983.

Specifically, the plaintiff claimed that the defendant unlawfully discriminated against Asian-American students based on their race, color, and/or national origin through their deliberate indifference to severe and pervasive harassment of this group of students at South Philadelphia High School (SPHS). The plaintiff claimed that this indifference to harassment also resulted in a denial of equal access to educational opportunities, as these actions resulted in interference with the students' ability to attend school without fear for their safety. This harassment allegedly took place over the course of several years, and consisted of verbal and physical abuse based on the students' race, color, and/or national origin on school grounds. On December 3, 2009, dozens of Asian students were repeatedly attacked on and near school grounds.

On December 22, 2010, the Court (Judge Stewart Dalzell) approved the parties' settlement agreement. The agreement remained in effect until June 30, 2013, and required the school district, monitored by the United States, to develop an action plan that involved introduction of training guidelines, reporting requirements, and revision of district policies in order to combat and prevent harassment of students. The agreement also provided for alternative dispute resolution procedures to be utilized by the parties. The last action in the case was on May 11, 2011. The case is now closed.

Stella Cernak - 03/17/2014


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