By Ruth Brown, Idaho Reports
The American Civil Liberties Union of Idaho filed a federal complaint Wednesday against the Nampa School District, claiming the district’s dress code policies discriminate against Latine students.
The complaint comes after the ACLU published Proud to Be Brown: Punishing Latine Culture in Idaho Schools, a report which looked at discipline policies in Canyon County school districts.
The complaint filed with the U.S. Department of Justice Civil Rights Division, Educational Opportunities Section, outlines accusations of ethnicity and culture discrimination in the Nampa School District.
“NSD’s policy against gang activity includes a dress code policy that prohibits students from wearing anything that is ‘evidence of membership in, affiliation with any gang and/or representative of any gang,’” according to the complaint. “This vague and broadly drafted policy gives staff and police broad discretion to ban any item they allege to be related to gangs.”
The Nampa School District is aware of the ACLU complaint and is awaiting advice from legal counsel, according to spokesperson Kathleen Tuck on Wednesday afternoon.
The complaint alleges the policy resulted in the “targeting and disproportionate disciplining of Latine students based on their clothing, including some items with close ties to their ethnicity and culture, like Catholic rosaries, La Huelga Bird, or clothing resembling cholo style.”
The complaint alleges several students were labeled as a “gang” because of their clothing, receiving disciplinary actions at schools in the district.
“NSD enforces an informal ‘no rosaries policy’ in at least some of its schools, including at Lone Star Middle and South Middle School,” the complaint alleges. “Because the policies are not formally documented, it is difficult to track the full scope of their use. However, emails obtained through open records requests reflect that South Middle School enforces a “no rosaries” policy based on police guidance “that this item has been used to show gang affiliation.”
About 40% of the students enrolled in the Nampa School District are Latine, according to the ACLU.
The complaint goes on to cite other issues, such as police being involved or notified when a student is disciplined for a gang dress code violation.
“Latine students are suspended (both in-school and out-of-school) at rates higher than would be expected for their student population. Conversely, white students are consistently suspended at rates lower than would be expected,” the complaint states.
The ACLU of Idaho claims the gang dress code violates the Civil Rights Act of 1964, which prohibits race and ancestry discrimination, and the Equal Educational Opportunities Act of 1974, which protects the rights of English language learners.
The ACLU asks that the DOJ investigate Nampa School District to see if it complies with the law and remedy any unlawful conduct discovered.
After the ACLU released its publication Proud to be Brown, the Nampa School District released the following statement:
“The recent report published by the ACLU has brought attention to the complex issue of gang activity and violence in schools. Gangs and their history of violence have posed significant challenges to our district and community for many years. However, we are determined to confront this issue head-on and are deeply committed to creating schools and a community that are free from any form of gang activity. Throughout the years, our district has maintained a strong and proud partnership with our local police department.
“Their consistent efforts and successful track record in curbing gang violence in our schools and community have been invaluable. We greatly appreciate their expertise, support, and training, which have played a crucial role in ensuring the safety of our schools—a priority that has become even more paramount in recent times. We want to emphasize that at no point have we endorsed or supported any practices that discriminate against any of our students. The Nampa School District continues to strive for excellent for all students, including our Hispanic and LatinX students and families. We stand committed with our community to ensure a safer future for all.”
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.
