The legal team of the ACLU Foundations of Southern and Northern California, Disability Rights Education & Defense Fund (DREDF) and Steptoe LLP was selected for a 2025 California Lawyer of the Year (CLAY) Award by the Daily Journal for their trailblazing work in Mark S. v California. The CLAY Awards honor outstanding lawyers and legal achievements in California over the past year.
As a result of the 2024 settlement, California is required to strengthen its monitoring and oversight of school districts to protect Black students, children of color with disabilities and English learners from racial discrimination and disproportionate discipline.
In 2021, two Pittsburg public school students, two parents of students and a teacher filed a lawsuit, Mark S. v. California, against the district in Contra Costa County Superior Court. It alleged that school officials maintained a special education system where Black students, children of color with disabilities and English learners were placed in substandard learning environments. It further alleged that Black students were subjected to unwarranted suspensions and expulsions at a rate that was disproportionate to their peers.
"By tackling systemic issues at both the district and state levels, this settlement is a transformative and pioneering step in education reform. It not only reshapes PUSD's policies, but also creates a replicable framework for ensuring equity across California and beyond," said Ana Mendoza, director of education equity and senior staff attorney at the ACLU Foundation of Southern California. "These agreements exemplify how legal advocacy can dismantle discrminatory practices, promote equity and affirm the rights of historically marginalized students, making it a significant milestone in the pursuit of justice in public education."
As a result of the groundbreaking settlement, the state must review individual student files to ensure students are treated fairly and have access to supportive learning environments. Furthermore, in direct response to the pressure from this lawsuit, the State has begun incorporating qualitative data review, including classroom observations and teacher interviews, into its monitoring of school districts' special education programs.
The following attorneys are recognized for their work in leading the litigation:
- Ana Mendoza, ACLU Foundation of Southern California
- Victor Leung, ACLU Foundation of Southern California
- Linnea Nelson, formerly of ACLU Foundation of Northern California
- Grayce Zelphin, ACLU Foundation of Northern California
- Malhar Shah, formerly of Disability Rights Education & Defense Fund
- Claudia Center, Disability Rights Education & Defense Fund
- Robin Crowther, Steptoe LLP
Read more about the 2025 CLAY Awards (Daily Journal subscription required)
Read more about the settlement in Mark S. v California
