Wiyot and Bear River Tribes Call for “True Partnership” To Protect the Civil Rights of Loleta Students
FOR IMMEDIATE RELEASE
December 12, 2017
Media Contact:
Lewis Cohen – NCYL: (510) 835-8098
press@aclunc.org – ACLU of Northern California: (415) 621-2493
Denise Bareilles – CA Indian Legal Services: (707)443-8397
Michelle Vassal – Wiyot Tribe: (707) 733-5055
Dakota McGinnis – Bear River Band of the Rohnerville Rancheria: (707) 733-1900
Loleta, CA – Tribal leaders are hailing the news that Loleta Union Elementary School District has
entered into a Voluntary Resolution Agreement with U.S. Department of Education. The Loleta
School Board is scheduled to discuss the agreement at its December 13th board meeting, which
will be held at 5pm in Room 8 at the Loleta Elementary School.
Leaders from the Wiyot Tribe and the Bear River Band of the Rohnerville Rancheria are now
requesting that the district meaningfully include tribal leaders and community members as the
district works to fulfill the terms of the agreement. “We appreciate that the district’s current
leadership has agreed to address longstanding concerns of our community,” said Ted
Hernandez, Tribal Chair of the Wiyot Tribe. “Entering into this agreement is an
acknowledgement that the district can and must do better for our students.”
The agreement follows an investigation by the Department’s Office for Civil Rights (OCR) into
complaints that the Loleta Union Elementary School District was discriminating against Native
students on the basis of race. The Wiyot Tribe filed the complaint in December of 2013 and was
represented by the National Center for Youth Law, the ACLU of Northern California, and
California Indian Legal Services. The OCR investigation found substantial evidence that the
district had created a hostile environment for Native American students, disciplined Native
students more harshly than other students, and failed to provide legally mandated services for
students with disabilities. The complaint also charged the district with failing to pursue much needed
funding opportunities targeted to districts with significant Native populations.
The agreement requires the district to hire experts to address these problems and to establish a
community oversight committee with the participation of the tribes along with other
stakeholders. Council member Madison Flynn says the Wiyot Tribe is ready to participate but,
given the district’s troubling history, good faith measures are necessary. “The district needs to
hire a mutually agreeable expert that has the confidence of both the school employees and the
community,” said Flynn. “If we are going to commit our time and resources to making this very
ambitious plan work, we need to feel our engagement is meaningful and welcomed and that
we will be treated as full partners.”
Specifically, tribal representatives are requesting that an outside expert facilitator manage the
community oversight committee to ensure all voices are heard and valued. Given the multiple
overlapping deadlines for implementing key pieces of the agreement within the next year, the
tribal representatives want to ensure participation from the tribal councils, social service
directors and parents of children at the school from both the Wiyot Tribe and the Bear River
Band of the Rohnerville Rancheria, along with members of the school board, district officials,
and representatives of the county Office of Education. “We all need to pull together to
accomplish the tasks set forth in the agreement,” said Vice-Chairperson Dakota McGinnis of the
Bear River Band of the Rohnerville Rancheria. “Our children will need resources from Loleta and
beyond to thrive and succeed.”
Attorney Denise H. Bareilles of California Indian Legal Services says the Stakeholder Equity
Committee should form workgroups on: School Discipline, Evaluation, Placement and Service
Implementation for Students with Disabilities, Harassment Based on Race or National Origin,
and Review of Policies Related to Participation in Graduation Exercises and Extracurricular
Activities. “The OCR investigation identified deficiencies in each of these areas. Any plan to fix
these problems will require concentrated and focused attention,” said Bareilles.
The tribal representatives recognize that this work will require resources. Noting that the
district has a history of failing to pursue much-needed funding opportunities, the tribes are
continuing to call upon the district to take advantage of the tribes’ familiarity and expertise in
funding opportunities targeted at Native American students. “We stand ready to help.” Said
McGinnis. “We hope the district is ready to take us up on this offer.”
On Thursday, December 14th, the Wiyot Tribe, Bear River Band of Rohnerville Rancheria, the
American Civil Liberties Union (ACLU) and California Indian Legal Services (CILS) will host a
community meeting regarding the agreement between the Loleta Union Elementary School
District and the U.S. Department of Education. The meeting will take place from 6 – 7 PM at the
Tish Non Community Center, Bear River Band of the Rohnerville Rancheria, and is intended for
parents with children attending Loleta School, interested tribal members, and tribal staff. Those
who attend will learn more about the agreement, how to participate in a stakeholder
committee to monitor the district’s compliance with the agreement, and how to report any
ongoing issues to OCR.
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The National Center for Youth Law (NCYL) is a national non-profit organization that has been working for over four
decades to improve the lives of at-risk children. Employing a range of strategies, NCYL works to ensure that lowincome
children have the resources, support, and opportunities they need for healthy and productive lives.
The ACLU of Northern California is an enduring guardian of justice, fairness, equality, and freedom, working to
protect and advance civil liberties for all Californians.
California Indian Legal Services represents low-income Native Americans, tribes and tribal organizations on matters
of federal Indian law. We also provide tribal community education and trainings on a wide verity of subjects and
topics that involve federal and state legislation, regulations, policies and case law that impact individual Native
Americans, tribes and tribal communities. Our community education and trainings also extends to the non-Indian
community, state and federal agencies, local and state law enforcement, the state judiciary, and other entities.
