Settlement agreement includes Madison County School District implementing major reforms

The Justice Department announced a settlement agreement Monday with Madison County Schools in Kentucky to resolve its investigation into complaints of serious and widespread racial harassment of Black and multi-racial students. The department opened its investigation in October 2021 under Title IV of the Civil Rights Act of 1964.

The department’s investigation uncovered numerous incidents of race-based harassment in which Black and multi-racial students were called the N-word, among other racial epithets, and subjected to other derogatory racial comments by their peers. The school district did not consistently or reasonably address the harassment, which included racial taunts and intimidation, and was at times reinforced by use of Confederate flags and imagery. When the district did respond, it often failed to follow its own racial harassment policies and its actions were ineffective in addressing the broader hostile environment. This inaction deprived Black and multi-racial students of equal access to the district’s educational opportunities and led them to conclude that the district either condoned the beavior or would not take any action to help them.

“Schools should be safe and supportive environments for all students, not places where they face racist harassment and abuse. Racial harassment inflicts grievous harm on young people and violates the Constitution’s most basic promise of equal protection,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement will create the institutional changes needed to keep Black and multi-racial students safe and to provide them with a supportive educational environment. We look forward to Madison County Schools demonstrating to its students and school community that it will no longer tolerate racial discrimination in its schools.”

“The principles underpinning this investigation and settlement are straightforward,” said United States Attorney Carlton S. Shier, IV for the Eastern District of Kentucky. “All young people are entitled to seek their educational opportunities without facing racial harassment and abuse, and schools simply must adequately protect those entrusted to their care and instruction from that offensive, harmful behavior. With this settlement, Madison County Schools are now taking an important step consistent with those basic principles.”

Under the agreement, Madison County Schools will retain a consultant to review and revise anti-discrimination policies and procedures and support the school district as it undertakes significant institutional reforms. Among other steps, Madison County Schools will:

Create a new central office position to process complaints of race discrimination;
Update its racial harassment and discipline policies to more accurately track and consistently respond to complaints of race-based harassment;
Train staff on how to identify, investigate, and respond to complaints of racial harassment and discriminatory discipline practices;
Inform students and parents of how to report harassment and discrimination;
Update its centralized, electronic reporting system to track and manage complaints and the district’s response to complaints;
Implement focus groups, surveys, training and educational events on identifying and preventing race discrimination, including discriminatory harassment; and
Analyze and review discipline data and amend policies to ensure non-discriminatory enforcement of discipline policies.

WBON-TV9 reached out to the Madison County Board of Education, and received the following statement:

“Madison County Schools has fully cooperated with the investigation conducted by the United States Department of Justice regarding race-based harassment in our schools. The district will continue working closely with the US Department of Justice to implement policy and procedure changes outlined in the agreement, particularly those that pertain to the tracking and analyzing of data pertaining to racially motivated incidents in the district.”