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Bias Probe: Students Not Living With Parents, District Says

The district claims the Chinese students who filed the complaint were transferred out of Mills High because of an issue with proof of residency, not because of their race.

Claims of discrimination against Chinese students in the San Mateo Union High School District .

The U.S. Department of Education's Office of Civil Rights has been investigating claims by a number of families in the district who say that Chinese students are being discriminated against and being denied entrance into Mills High School in Millbrae - the district's top-performing school, with —and instead being sent to Capuchino High School in San Bruno, the district's lowest-performing school. In some cases, students were even being pulled out of Mills and transferred to Capuchino in the middle of the school year.

However, the district has been telling various news outlets such as The Huffington Post and The San Francisco Chronicle that the fact that these students are all Chinese is a coincedence—the reason for them being sent to Capuchino has to do with proof of residency.

Though, reportedly, all the students live within the Mills school boundary zone, they don't, however, live with their parents. Each student lives with a relative other than their parents, who was not originally designated as the student's primary caregiver or guardian, which the district requires as adequate proof of residency to attend a particular school, as indicated on the district's website.

In a number of the cases, the student's parents have returned to China, leaving their child behind in the care of a relative so they may continue school in America.

In speaking to various news outlets, students who claim they were victims of the discrimination say living in a "shared residence" or living with a relative other than their parents is common in Chinese culture.

Hoi Ki Sin, an incoming freshman who attended middle school in Millbrae, told The San Francisco Chronicle she was looking forward to attending Mills High School, close to home, when the district told her they were, instead, placing her at Capuchino.

She says the district told her it is because she "doesn't live in Millbrae." She has lived with both her mother and her aunt in Millbrae since emigrating from Hong Kong 18 months ago - but, the key is, the house is in the aunt's name, which is apparently not considered adequate proof of residency, since her aunt is not her guardian or primary caregiver.

Hoi Ki Sin's mother told the Chronicle she feels discriminated against because of her immigration history and the fact she lives in a "shared residence."

Leland Lam, 16, told the Chronicle he thinks the district is trying to transfer high-performing Asian students to Capuchino to help boost the school's API scores—and perhaps that is why he was pulled out of Mills just two months into his junior year, and transferred to Capuchino.

Leland also told the Chronicle that living with his aunt was the trigger that cost him attending Mills for the remainder of his junior year.

Leland says his parents, who used to live in Millbrae, recently "had to move to San Francisco because of health and economic problems," and so they left him in the care of his aunt, who also lives in Millbrae, so he could continue school.

After much complaining, and designating the aunt as Leland's legal guardian, the Chronicle reports that the district finally relented, and will allow Leland to complete his senior year of high school at Mills after all.

Leland told the Chronicle he is very happy he will get to attend Mills for his last year of high school, as Mills offers certain classes he wants to take that aren't offered at Capuchino.

The Office of Civil Rights is still investigating the matter.

John Hanson August 2, 2012 at 12:58 pm
You would think they would check out where they live first, so we would not get the bad press for discrimination. But again it's the government with their head up their a--.
John Hanson August 2, 2012 at 01:03 pm
If the government wants to check on something, it ought to be Hutt and his handling of schools, money, and ethics. Give him his notice now instead of later. We can run the schools without him and have money left over.
Connie August 2, 2012 at 02:03 pm
This is total baloney about the "racial discrimination". As a parent who has had their children attend Millbrae School District and now have grandchildren attend the elementary schools in Millbrae where the majority of the children who attend school in Millbrae are of Asian Descent. I cannot tell you how many times I have had the asian parents tell me that their relatives come here and leave their kids w/them just so they could attend Mills High School. There are parents who live in San Francisco, live in Hong Kong, etc. I am sick of the ARROGANCE of the parents who feel that we owe this to them.
Read the rules of the district people. They apply to EVERYONE. Through the years I have had many friends who have used their parents addresses (Caucasion, Samoan, Filipino) just so their children could attend Mills High School. They all got caught eventually and the children were sent to their rightful schools. There is a process in place so that parents can submit a "district transfer" and it is done by Lotto. If the rest of us must abide by these rules then why can the Asian Population? If you come to our country for our schools and all we have to offer then do things correctly instead of wasting our tax dollars with frivolous lawsuits!!!
Chris Kiely August 2, 2012 at 03:45 pm
What are the classes that are offered at Mills but not at Cap?
Maria August 2, 2012 at 04:02 pm
@ Connie Well spoken, Why does the US have to deal with everyone elses problems. My daughter will be attending Capuchino in 2014 and no matter what school she attends it will be what she makes out of school. Do they think they are better than our students. That is just wrong speaking of racial discrimination I think just saying that Mills has higher API's and thats why they are sending the Chinese Students to Cap is racial. I am so sick of the racial card being dropped for everything, excuse escuse excuse for someone to get their way.
Daryl Chin August 2, 2012 at 04:41 pm
I agree with you Maria. If your child has the discipline, ability and support of the family to be a top achiever, then it doesn't matter what school they attend. My daughter is a top performer at Cap and I know she will graduate with honors and go to the school of her choice, USC or Stanford!
Marie August 2, 2012 at 06:06 pm
Maria, that statement about raising the API score is only one person's view, and a young kid at that. I think the point they are trying to make is that they are being discriminated against because their qualifications are held at a different standard than those of other races. Maybe they know kids of other races at Mills who are not put through the same ordeal. If that's the case, then they are being discriminated. We will know when the investigation is completed. The classes being offered at Mills that are being offered at Cap is Chinese, I believe. So it makes sense for the parents to want their kids to attend Mills over Cap. As for wanting your child to attend a school with higher API, that's very common across the board. It doesn't matter if you black or white, purple or green, you want your kid to attend a chool with a higher API average. I would want my child to go to the school with the lower API and make a difference there, that's just my opinion. He/she will really get to shine!
Judy August 3, 2012 at 12:15 am
Marie and Daryl. . . . Right on to you! I feel the same way. I know of a child from So. San Fran., who wanted to attend Capuchino. He lived with his Aunt who's home was within Cap's boundaries; however, his aunt had to become his legal guardian. So, whoever these Asian students are living with need to become their legal guardians. It's so simple. It's been a regulation for years. I don't understand why it's gone so far.
Judy August 3, 2012 at 12:58 am
Just realized. . . . Why does the district want to place these students at Cap? Since their residency is being questioned, clearly they don't belong in either school.
K.C. August 3, 2012 at 01:32 am
I agree 100%!!! I attended Cap and got out of it just as much as I put into it. I have a Cousin who went there as well and went straight to Stanford, did her Med school at Stanford and is now a Resident at Stanford. It's all about the child, what they want, and most of all guidance.
K.C. August 3, 2012 at 01:34 am
Oh & Judy excellent question. I was thinking the same thing. If their legal guardin is in SF or Asia shouldn't they attend a school there??
Tina Palmer August 3, 2012 at 03:32 am
My mom worked for the district and her job was to approve transfers and caregivers status to prove where they live. There were so many trying to cheat the system and one asian family was so upset that they didn't get thier way they got Lou Papan involved and the district was forced to cave in. It was and sounds like it still is frustrating for the district to do its job. When I was having problems at Taylor my mom had to get the districts OK for me to transfer to B.I.S. Its all politics.
watchfultaxpayer August 3, 2012 at 04:39 am
I'm puzzled by why a child who came to America 18 months ago is screaming discrimination about getting an education in ANY free public school in this country. At the risk of sounding xenophobic, do we owe a public education to anyone who can come here??? If the parents live in China then why do we have to educate them. Isn't that China's job ??? Our public schools are floundering financially already. Isn't that sort of like inviting guests to come for dinner when your own family is living off of crackers and water ??? But then we are educating many, many children whose home country should be doing the job. Part of the SBPSD's problems are related to chidren who come from functionally illiterate Spanish speaking homes.Shouldn't Mexico be doing the job??? If we have our rules in this country about what school district you must attend depending upon your legal guardian or any other rule for that matter, why do other cultures think their 'multiple caretaker approach' to child rearing should trump our rules?? And as I mentioned before if the school is 55 % Asian, then all the other groups must share the remaining 45% of slots. That is discrimination towards the other 45% already.
watchfultaxpayer August 3, 2012 at 04:51 am
.A little off topic but related none the less, I was perusing the SBPSDs website... 'just for fun'... and noticed a job opening for a school secretary. I suppose the secretary 1)retired 2)ran screaming from the building having had enough,3) transfeed or something. I don't know how that works. The interesting thing ; one must be bi-lingual, preferably in Spanish. Does that mean a tax- payihg citizen born and raised in this country who did not have the need to learn anoither language since English is spoken here, cannot qualify for the job??? I was rather taken aback.

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