NAMPA, Idaho — This article originally appeared in the Idaho Press.
It has been a full year since the American Civil Liberties Union published a report on discriminatory policies within the Nampa School District, alleging that it targets Latine students.
Following the report, a formal complaint by the ACLU was sent to the U.S. Department of Justice on Aug. 23, 2023, requesting an investigation into the school district’s dress code and disciplinary processes.
It is unknown when the investigation will reach its conclusion, ACLU Communications Director Rebecca De León said.
The complaint critiqued the NSD dress code policy for being too broad when concerning gang activity, allowing administration and police to ban anything they deem as gang-related. The NSD policies include restrictions on “attire connected to hate or gang groups.”
The complaint also alleged that some schools in the district had an informal policy against wearing Catholic rosaries. It was alleged that Hispanic students were being unfairly targeted through dress code enforcement for expressing gang affiliation.
De León said the ACLU’s goal remains consistent — to see its recommendations implemented in the NSD. In its complaint, the ACLU requested that the DOJ ensure that the NSD remedy the discriminatory conduct the ACLU alleges takes place against Latine students.
The investigation could conclude with the enforcement of the ACLU’s proposed policy changes, implementing some of the policy changes or a complete dismissal of the complaint. In an extreme case, the DOJ can withhold federal funding from the district if it does not comply with their decision.
NAMPA DRESS CODES
The NSD schools each have building-specific, student handbooks that further detail policy, separate from the districtwide handbook. As the 2024-2025 school year approaches, the NSD Board of Trustees has approved edits and updates, some related to the dress code.
In a May 13 meeting, the board approved changes to the districtwide middle school handbook. The edit removed restrictions against wearing the numbers 13, 14, 18 and “any numbers that add to those numbers.” These numbers are often associated with gangs.
The remaining policy reads, “No attire connected to hate or gang groups such as hats, bandanas, rags, colors, shirts, sags, chains, being dressed in a single color, etc. is allowed. Additional items as identified by police personnel.”
Superintendent Gregg Russell said in the meeting that the change was made following discussions with the DOJ.
The high school handbook’s dress code remains unchanged, stating “No gang or hate group attire (hats, bandanas, rags, colors, shoelaces, sags, chains — except one wallet chain of 12” or less) or any other clothing that is deemed gang-related by the School Resource Officer or school administrator.”
The high school code also restricts students from “wearing clothing with gang colors or insignia.”
On June 18, the board approved building-specific handbooks for the 2024-2025 school year. In these handbooks, some schools elaborate on district practices.
Edits made to the Nampa High School handbook removed the rule stating “Students will not wear articles of clothing that are deemed gang or hate group related by the School Resource Officer or school administrator.”
Though, the district-wide handbook rules still apply to Nampa High students.
The Nampa School District declined the opportunity to comment due to the pending DOJ investigation, referring to a statement released on July 13, 2023, instead.
“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,” the statement read. “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.”
The district goes on to commend its partnership with the Nampa Police Department.
“We want to emphasize that at no point have we endorsed or supported any practices that discriminate against any of our students,” the statement read. “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.”
STRUGGLING STUDENTS
Shirley Vendrell was principal of Nampa High in the ‘90s. Now retired, she has worked with parent Cricelda McCormick and other former students who have alleged unprofessional and discriminatory behavior. These former students now have children of their own who attend schools in the NSD.
“Nampa obviously has a gang issue, but the school district is overzealous,” Vendrell said.
Vendrell contacted the ACLU with complaints from multiple former students who had children struggling in Nampa schools. She believes that discrimination is taking place against less-wealthy Hispanic students.
“They expect, especially less-affluent kids, to be submissive,” she said.
According to De León, 20 individuals were interviewed for the ACLU complaint.
McCormick’s children were a part of the ACLU complaint. McCormick’s family alleges separate incidents of discrimination and mistreatment by school staff and administration.
The incidences allege harassment from school staff and unequal treatment of her children versus their non-Hispanic peers. A key incident relates to the ACLU complaint with unequal dress code enforcement.
One of her daughters attended Nampa High School in 2020 with other Hispanic family members.
McCormick described her daughter as having few friendships outside of her family, spending most of her time with her cousins at home.
Despite this, McCormick said her daughter was being targeted by staff at Nampa High. During the pandemic, staff claimed that the mask her daughter wore represented gang affiliation.
McCormick alleges that a staff member raised their voice and tried to yank the mask off of her daughter’s face. The incident ended with her daughter in tears.
McCormick was confused, as the black-and-white mask did not have any markers of gang affiliation.
When she went in to meet with the administration, it became confrontational.
“They got upset, started telling me about her grades, that her grades weren’t good and that she was hanging around gangs,” McCormick said. “... (An administrator) was portraying her as this kind of kid that I knew she wasn’t.”
McCormick pushed the administration to identify the alleged gang members her daughter was interacting with. They pulled up security footage of her daughter in the hallway with her cousins.
This wasn’t the only time her daughter had issues at Nampa High, and eventually, McCormick pulled her out.
“I never felt that way in school,” McCormick said, reflecting on her own experience as an NSD student.
In 2022, McCormick’s son was allegedly accused of vaping in a bathroom at West Middle School and was patted down before McCormick was notified. In the end, it was another student that had a vape, according to McCormick.
Following the ACLU complaint, McCormick hopes to see positive change in the district.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
