An Oct. 23 Decision of Appeal from the California Department of Education (CDE) found sufficient facts and evidence to support an allegation of race-based bullying and a racially hostile environment at Beverly Vista Middle School (BVMS).
The decision came following a complaint filed with the district in December 2024 by Victoria Tate, the parent of a student who attended BVMS. The complaint described an incident in November 2024 during which, among other things, a racial slur was used in a classroom followed by a student pointing at a group of Black students, including Tate’s child.
BHUSD initiated an investigation and concluded that the incident violated the district’s student conduct code. It took disciplinary measures against the perpetrators. It did not, however, agree that Tate’s child was “bullied, harassed and/or discriminated against on the basis of race.”
In response, Tate filed an appeal with the CDE.
In the Oct. 23 ruling, the CDE held that the incident was, in fact, “sufficiently severe to intimidate and create a sense of lack of safety for a reasonable Black student.” As such, it constituted a violation of the California Education Code and Title VI of the Civil Rights Act.
The CDE went on to state that the district’s response to the incident was inadequate.
“[T]he district did not specifically tie its response to the inappropriateness and unacceptability of targeting black students with racially charged references to the n word in their classroom, regardless of their prevalence or use in popular culture, entertainment, or the media,” the ruling states.
The CDE additionally assigned corrective action to the district, requiring a one-hour training at BVMS for administrators and staff about responding to allegations of peer-to-peer harassment and race-based bullying. The department included a requirement of proof of the training, including the date, attendees, content and provider information.
Tate brought the CDE’s ruling to the attention of the community during public comment at the BHUSD Nov. 4 board meeting.
