La Dell Grizzell v. San Elijo Elementary School

I. BACKGROUND

La Dell Grizzell enrolled her children in San Elijo Elementary School, a part of the San Marcos Unified School District, under the McKinney-Vento Homeless Assistance Act, a federal law designed to ensure that “each child of a homeless individual and each homeless youth has equal access to the same free, appropriate public education . . . as provided to other children and youths.” 42 U.S.C. § 11431(1). Grizzell’s pro se complaint alleges that her children faced racial discrimination and other civil rights violations while enrolled at San Elijo. According to the amended complaint, one of the Grizzell children was subjected to racial epithets on the playground; white students slapped another of the Grizzell children in the face with a lunch box, threw her food in the trash, and told her “black people are trash”; a “for sale” sign was placed around one of the Grizzell children’s necks during drama class; teachers and staff made discriminatory comments, employed disparate disciplinary measures toward the Grizzell children, and engaged in other forms of “discrimination, retaliation, conspiracy, [and] abuse of power”; and ultimately, the school unlawfully unenrolled all of…