West
Colorado school district in the hot seat for allegedly factoring in race for disciplinary procedures
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FIRST ON FOX: A conservative, Trump-aligned legal group filed a civil rights complaint alleging that a school district in Colorado is using race as a major factor when determining disciplinary procedures and has retaliated against administrators who attempt to push back.
America First Legal (AFL), founded by top Trump advisor Stephen Miller, filed a civil rights complaint asking the Department of Education and the Department of Justice to investigate Cherry Creek School District, alleging it is in violation of Title VI of the Civil Rights Act of 1964. In its complaint, AFL cites a specific instance in which a Black student and an Asian student commit nearly identical behavior, but only the Asian student was disciplined.
AFL also obtained undercover recordings of discussions between administrators that allegedly show them admitting that the district’s DEI chief has been interfering with disciplinary procedures on the basis of race. When an administrator tried to step in and call out this allegedly racist activity, the official was retaliated against, according to AFL.
“If a public school district can openly run discipline and employment systems through a racial filter, then the rule of law means nothing,” said Nick Barry, senior counsel at America First Legal. “This is discrimination, plain and simple. It is the soft bigotry of low expectations and should not be tolerated. The Department must intervene and restore equal treatment for students, educators, and families.”
JUSTICE DEPARTMENT SUES PUBLIC SCHOOL DISTRICT OVER ALLEGEDLY DISCRIMINATORY POLICIES
A Cherry Creek School District bus (John Leyba/The Denver Post via Getty Images)
Fox News Digital reached out to the district for comment, but it declined to comment on the matter, telling Fox News Digital it could not say anything because the district had “no knowledge of” AFL’s civil rights complaint despite Fox News Digital transmitting a copy of the complaint to the district. AFL’s complaint was filed electronically with the federal government.
In late 2023, according to the complaint, the district’s Campus Middle School disciplined and suspended three female students after a video of them off campus over Thanksgiving break using variations of the N-word while under the influence of alcohol was submitted to the district. Two students, one White and one Hispanic, were allegedly depicted in the video using the racially charged language, while the third Asian female did not appear in the video and only recorded the encounter.
Meanwhile, a fourth Black female student at the middle school allegedly asked the Asian female student who recorded the encounter to send her the video, which the Black student then allegedly passed along to her sister, a Black student in the district’s high school, who, AFL said, subsequently posted the video on social media and tagged the White, Hispanic and Asian students’ social media accounts. The Black female student who passed the video to her Black sister also passed it to her mother, who then shared the video with the Rocky Mountain NAACP, according to the complaint.
Despite nearly identical behavior from the Asian female student and the Black female students in the district, only the Asian student was disciplined, AFL alleged. She got the same punishment as the two female students pictured in the video using inappropriate language, which included months of expulsion hearings that eventually culminated in her suspension from school, according to AFL.
“[The Black students involved] disseminated the video to a much broader audience than [the Asian student involved],” AFL’s complaint states. “Despite both [Black female students involved] engaging in materially identical conduct as [the Asian female student involved], the District did not impose any discipline. … After [the Black female students’] identical infractions came to light, former Campus Assistant Principal Dan Hanson instructed personnel not to address the matter in electronic communications due to concerns about public records requests and adverse publicity.”
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According to AFL’s complaint, one of the non-disciplined Black female students continued to exhibit behavioral issues, and undercover recordings it obtained involving discussions between district administrators show Campus Middle School officials admitting the district’s Equity Department interferes with the equal application of disciplinary policies.
Protesters in Michigan rally against President Donald Trump’s anti-DEI policies, denouncing federal rollbacks on diversity, equity and inclusion programs. (Getty Images/Dominic Gwinn)
“[T]heir first instinct is implicit bias. So if, for example, [Redacted] is not responding appropriately to [the Black female student’s] concerns, it’s because [Redacted] has implicit bias towards a Black young lady, and that she does not know how to navigate the cultural identity of a Black young lady and that [Black female student involved] is talking to her like [she] talks to anybody,” Campus Middle School Principal Lissa Staal can allegedly be heard saying during a meeting with school leaders.
“This is just how [the Black female student involved] communicates. And that is culturally appropriate for [the Black female student involved] to communicate that way because that’s what is culturally appropriate,” Staal continued. “And that’s what is happening is that the Whiteness that is present in our building is looking at that in a punitive way … that we are attributing negative connotations to what is essentially, exactly, we’re calling her disrespectful or disruptive or defiant when she is just communicating in a culturally appropriate way.”
According to AFL’s complaint, school personnel said they had “no ability to enforce anything” against the Black female student who was continuing to act out because they would “lose every time,” since their “hands were tied” by the district’s DEI department.
The district also allegedly retaliated against former Dean of Students Pat Hogarty when he voiced disagreement with the district’s DEI priorities, according to AFL’s complaint.
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“In January 2024, Mr. Hogarty took part in the Courageous Conversations training. When faced with the topics of ‘What does it mean to be White?’ ‘What experiences define Whiteness?’ and ‘How do you identify?’ Mr. Hogarty stated that ‘he identifies as an American, that he loves his country, and that he believes it is the greatest country ever founded,’” AFL’s complaint states.
“Shortly after the training, Principal Staal informed Mr. Hogarty that the Equity Department’s Executive Director, Mr. Garcia y Ortiz, took issue with Mr. Hogarty’s failure to ‘acknowledge what people of color go through’ and refusal to ‘admit that America is systemically racist.’ Mr. Hogarty later learned that Garcia y Ortiz had referred to Mr.Hogarty’s comments in the training as having ‘racist undertones.’ Approximately a month later, Mr. Hogarty was informed that his position had been eliminated due to ‘budgetary reasons.’”
Due to the Cherry Creek School District receiving federal funds, it is subject to discrimination guidelines under Title VI of the Civil Rights Act. AFL has requested that the Education and Justice departments investigate the matter further and implement any necessary remedial action or referrals to enforce federal civil rights law.
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San Francisco, CA
Casting shade on shadows: S.F. supervisor seeks to bar using shadows to block new housing
Shadows cast by tall and not-so-tall buildings alike have long been used to block housing in San Francisco, and Supervisor Bilal Mahmood wants it to end.
The District 5 legislator is announcing a law on Thursday that would eliminate the ability for people to say shadows cast by a building are an “environmental concern” that can be used to delay, and possibly block, new housing.
“In San Francisco, we’ve literally paid the price of being too afraid of our own shadow,” Mahmood said, pointing to data showing that shadow-based concerns were used to delay or block 2,195 housing units in 11 projects since 2017.
Whenever a new housing project is proposed in the city, its developer must create an environmental impact report on a variety of factors, like toxic waste and seismic hazards.
San Francisco requires that report to include a shadow analysis noting whether the new building will cast shade on any open space in the city. Mahmood’s legislation would get rid of that requirement; it is not in state guidelines, and most California cities do not consider shadows an environmental factor.
The environmental impact report is intended to help politicians make an informed decision about whether to approve or deny a development proposal. But any resident can file an appeal if they think environmental impacts were not fully considered, which can delay, block, or alter projects.
Shadows ultimately led to a delay for the infamous 469 Stevenson St. project from 2021, a 495 unit building on the site of a Nordstrom parking lot in SoMa.
Some SoMa residents were concerned that the project, which contained about 100 affordable housing units, would gentrify the area.
But gentrification alone is not a legal reason for supervisors to block a project. So residents filed an appeal alleging the project’s environmental impacts were improperly evaluated. The Board of Supervisors ended up siding with them in an 8-3 vote, citing shadows cast on nearby Mint Plaza in their decision.
The developer was forced back to the drawing board and had to redo his environmental report, delaying the project by several years.
Even when projects are 100 percent affordable, shadows cast uncertainty: Residents near 16th and Mission’s “La Maravilla” housing project, a 380-unit project next door to Marshall Elementary that broke ground last month, raised concerns that the development would darken the school’s playground. That forced the nonprofit developers to hold meetings and negotiate with residents about the issue.
Mahmood said even if appeals are ultimately rejected, the length and cost of the appeals process makes it difficult to produce housing projects and leads developers to avoid building in San Francisco.
“The housing problems we’re facing are death by a thousand cuts,” said Witt Turner of the Housing Action Coalition, a proponent of the bill. “We need to start sewing them up one by one.”
San Francisco is required by the state to plan for 36,000 more housing units by 2030, and the city’s best guess is that even under the most favorable scenarios developers will build less than half of that, and in four times as much time.
Mahmood, a YIMBY, has made streamlining housing a focus of his 15 months in office. His new legislation eliminates certain intermediate appeals and hearings and shortens appeal timelines, mostly from 30 days to 15 days.
The bill will be evaluated by the planning commission and the Board of Supervisors in early summer.
The bill is no silver bullet, however. Environmental appeals often cite more than just shadows when seeking to change projects. In the case of the Nordstrom parking lot building, for example, a failure to properly consider the seismic impact of a building was also a component of the decision.
YIMBYs have long pursued reform to CEQA, a California law outlining the environmental appeals process.
“We shouldn’t let outdated laws get in the way of building housing, which is actually important to making progress on our climate goals,” Mahmood said.
DENVER (KDVR) – Denver and the Plains will see extra clouds Thursday with isolated storm out east and warm highs along the Front Range.
Weather today: Partly cloudy and warm
Clouds kept temperatures mild this morning and pockets of sunshine through the afternoon help us warm to the middle 80s.
We will be very close to tying a daily record high, but a light northerly breeze should stop us from hitting 87. The Eastern Plains can also see some isolated storms in the afternoon. There are also some Red Flag Warnings in the state, winds will be at 10-20 mph with gusts to 40 mph, avoid any burning or open flames in these areas.
Weather tonight: Lingering clouds
Partly cloudy skies through the day will stick with us tonight. Overnight lows will dip into the low 50s with a lighter wind.
Looking ahead: Cooler weekend with shower chances
Friday rounds out the workweek with partly to mainly sunny skies and comfy highs in the lower 80s. Saturday looks comfy as well with partly cloudy skies, highs in the upper 70s and afternoon storm chances. Sundayis still mild as highs hit the middle 70s, but clouds increase through the day with showers and storms in the evening hours. That rain can linger overnight and into Monday.
Monday has showers through the day and maybe a few flakes in the high country. Highs on Monday will be in the lower 60s with a breeze and cloudy skies. Shower chances linger into Tuesday with below average highs in the lower 60s with cloudy skies. Wednesday has smaller storm chances and a bit more sunshine as seasonal highs make it to the lower 70s.
SEATTLE – Western Washington is staying locked into a cool and unsettled weather pattern as we head into the second half of the week.
Showers will continue to rotate through the region over the next several days as a series of weather disturbances move overhead, keeping skies mostly cloudy and temperatures running below average for mid-May.
Thursday will bring a brief break in the action before the next weak system arrives later in the day. Expect scattered showers to redevelop with plenty of cloud cover sticking around. Temperatures will remain cool, with highs near 60 degrees.
It will be cool on Thursday in Western Washington with increasing clouds and showers. (FOX 13 Seattle)
What’s next:
The weather turns a bit more active Friday as the next system swings into the Pacific Northwest. Western Washington will see widespread showers and even the possibility of a few isolated thunderstorms. While not everyone will hear thunder, a few heavier downpours and small hail can’t be ruled out if any storms manage to develop during the afternoon.
Rain showers will push through Western Washington again on Friday afternoon. (FOX 13 Seattle)
Saturday will be cool with scattered showers and another chance for isolated thunderstorms, especially near the Cascades. Afternoon highs will struggle to make it out of the 50s across many lowland Puget Sound area communities.
Mountain travelers should also be prepared for a dramatic change compared to the recent warm spell. Much colder air will filter into the Cascades this weekend, and while significant snow accumulation looks unlikely, higher elevations could still see snow showers and sharply colder conditions. Anyone planning outdoor recreation in the mountains should be ready for winter-like weather at times.
Snow levels will drop to near pass levels in the Washington Cascades Friday through Sunday. (FOX 13 Seattle)
Looking Ahead:
The pattern finally begins to improve late in the weekend and into early next week. High pressure is expected to rebuild over the northeastern Pacific, bringing a return to drier weather and some sunshine. Temperatures should gradually rebound back into the 60s by Monday and Tuesday, although the ridge may remain weak enough to allow for occasional clouds at times.
Temperatures will be cool the next three days with showers in Seattle, but next week will be drier and warmer. (FOX 13 Seattle)
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The Source: Information in this story came from the FOX 13 Seattle Weather Team and the National Weather Service.
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