Collins v. Thurmond


Filed 8/29/19 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT KESCHEL COLLINS et al., F075781 Plaintiffs and Appellants, (Super. Ct. No. CV283224) v. ORDER MODIFYING OPINION TONY THURMOND, as Superintendent, etc., et [NO CHANGE IN JUDGMENT] al., Defendants and Respondents. It is hereby ordered that the opinion filed herein on August 27, 2019, be modified as follows: 1. “TOM TORLAKSON, as Superintendent of Public Instruction, etc., et al., Defendants and Respondents” in the caption is changed to “TONY THURMOND, as Superintendent, etc., et al., Defendants and Respondents.” 2. The text in footnote 1 at the bottom of page 2 is deleted and the following inserted in its place: These defendants are generally referred to in this opinion as either the local-level defendants or the state-level defendants. The local-level defendants include KHSD, the Board of Trustees of KHSD, members of the KHSD Board of Trustees in their official capacities (Chad Vegas, Mike Williams, Bryan Batey, Jeff Flores, and Philip Peters) and the KHSD Superintendent (Bryon Schaefer), the Kern County Office of Education, and Christine Lizardi Frazier, in her capacity as the Kern County Superintendent of Schools. The state-level defendants consist of Tom Torlakson, in his former capacity as the State Superintendent of Public Instruction, and the California Department of Education (CDE). The current Superintendent is Tony Thurmond. For consistency with the underlying proceedings, we refer in this opinion to former Superintendent Torlakson. Appellants also sued the State of California. There is no change in the judgment. MEEHAN, J. WE CONCUR: DETJEN, Acting P.J. SMITH, J. 2. Filed 8/27/19 (unmodified version) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT KESCHEL COLLINS et al., F075781 Plaintiffs and Appellants, (Super. Ct. No. CV283224) v. TONY THURMOND, as Superintendent, etc., et OPINION al., Defendants and Respondents. APPEAL from a judgment of the Superior Court of Kern County. Sidney P. Chapin, Judge. California Rural Legal Assistance, Inc., Cynthia L. Rice, Sahar Durali, Rebecca Buckley-Stein, Franchesca Verdin; Equal Justice Society, Eva Paterson, Allison Elgart; Mexican American Legal Defense & Educational Fund, Kip M. Hustace, Thomas A. Saenz; Greater Bakersfield Legal Assistance, Inc., Lyndsi Andreas, Celida Miramontes; Wilson Sonsini Goodrich & Rosati, Joni Ostler and Steven Guggenheim, for Plaintiffs and Appellants. Christie Norris, as Amici Curiae on behalf of Plaintiffs and Appellants. Amy Bisson Holloway, Edmundo R. Aguilar, Todd M. Smith, Bruce Yonehiro and Peter J. Stubbs for Defendants and Respondents. -ooOoo- INTRODUCTION The present case arises from information released to the public regarding suspensions, transfers, and other disciplinary proceedings in the Kern High School District of Kern County (KHSD). The data released allegedly demonstrates that racial bias has affected how KHSD disciplines minority students, and actions taken by KHSD allegedly demonstrate that KHSD actively attempted to hide this fact from the public. Appellants in this case are a collection of parents, students, taxpayers, and community organizations. They sued a number of defendants, including both local- and state-level entities ...

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