Rights complaint filed in South Phila. High case

A legal group filed a federal civil-rights complaint against the Philadelphia schools yesterday, claiming the district discriminated against Asian students at South Philadelphia High School.

The complaint, lodged with the Justice Department by the Asian American Legal Defense and Education Fund, claims the district acted with "deliberate indifference" to the harassment of Asian students and with "intentional disregard" of their welfare.

Time after time for more than a year, according to the complaint, community advocates told school and district administrators that Asian students were being punched, mocked, and cursed. That treatment was so common that it seemed like part of the school climate, the complaint says.

The schools' inaction, the complaint says, led to the violence on Dec. 3, when large groups of mostly African American students attacked about 30 Asian students. The assaults sent at least 11 students to hospitals and sparked a boycott by about 50 Asian students.

The district said in a written response that "the claim of 'intentional discrimination' makes no sense. Asserting that the district would have 'intentional disregard' for the welfare of its students is as outrageous as it is hurtful to so many professionals, students, and others who have been devoted to addressing these issues in a meaningful manner."

Civil-rights complaints do not result in criminal penalties. They are aimed at obtaining broad, systemic reforms, provided the Justice Department finds that violations have occurred.

The district said it would cooperate with the Justice Department.

The legal defense fund laid out its allegations in a detailed, 11-page letter, a copy of which was obtained by The Inquirer. Much of the complaint is based on statements and eyewitness accounts from students, teachers, and others at the school. None is identified.

"We will review the letter to determine what action, if any, is appropriate," Justice Department spokesperson Alejandro Miyar said yesterday.

Typically, if allegations warrant, the department conducts a preliminary investigation, with a full inquiry to follow if necessary.

The complaint portrays the events of Dec. 3 as a complete breakdown of adult leadership, saying Asian students pleaded for help and protection and were generally ignored by school staff.

The complaint says one teacher reported the students' fears to principal LaGreta Brown after seeing that Asian students were reluctant to enter the cafeteria. "Today is dangerous," a student told the teacher.

The complaint says Brown refused the teacher's request to let Asian students remain in classrooms, where they felt safe, and instead ordered a security guard to escort them into the cafeteria.

The complaint singles Brown out for alleged indifference to the danger Asian students faced. She could not be reached yesterday. Her office referred inquiries to the district.

On Dec. 3, the complaint says, Brown encountered about 10 Vietnamese students outside the school. They told her they were frightened to walk past large groups of youths gathered on the sidewalk.

Brown responded, "If you are afraid, then I will walk with you," and told the students to follow her, the complaint says.

She led the group forward, but the Asian students soon lost sight of her, the complaint says. "Apparently, principal Brown walked the Vietnamese students partially into the public walkway and then decided to return to school."

As the 10 students reached Mifflin Street, they were surrounded and assaulted by 40 students, mostly African American, the complaint says.

The complaint claims that Brown, who became principal in fall 2009, has shown a discriminatory attitude toward Asian students.

Teachers reported that at a staff meeting before the start of the school year, Brown called the English-learners program, which is centered on the second floor, "That dynasty," the complaint says. Teachers believed she was disparagingly referring to Chinese dynasties, the document says.

In the days after the Dec. 3 assaults, the complaint says, Brown described the community advocacy on behalf of the students as "the Asian agenda." She repeated the phrase in front of teachers before the School Reform Commission meeting on Dec. 9, the complaint says.

Brown is the school's fourth principal in five years. The school, at Broad Street and Snyder Avenue, serves 900 students. About 70 percent are African American, 18 percent Asian, 6 percent Hispanic, and 5 percent white.

The district says it has been "working diligently to address racial tensions and reduce violence." An outside investigator is expected to submit a report later this week.