1st Hearing This Week in Lawsuit Charging California Denied Equal Education to Low-Income Students of Color During Pandemic
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A lawsuit alleging that California has deprived low-income students of color of equitable education during the pandemic will have its initial hearing in a state Superior Court on Friday.
The hearing is taking place approximately five months after a group consisting of students, parents, and community organizations filed a lawsuit against the state. They argue that these students are still lacking essential resources such as computers, reliable internet connections, and adequate mental health support even after 14 months since the start of the pandemic.
"It is truly astonishing to us how little progress has been made" since schools transitioned to distance learning due to the pandemic, stated Jesselyn Friley, a staff attorney at Public Counsel, one of the law firms involved in the lawsuit. With over half of the state’s students still engaged in remote learning, she emphasized that California has not provided any guidance to school districts on how to improve instruction or establish methods for monitoring students’ progress.
"Our main objective is to hold the state accountable, particularly during the COVID crisis. It has been over a year, and there has been a significant lack of responsiveness," said Lakisha Young, the co-founder and CEO of Oakland REACH, a nonprofit organization led by parents that offers enrichment programs to local youth. Oakland REACH is one of the plaintiffs in the lawsuit.
The legal action has been initiated on behalf of California students and their families, as well as community organizations that have diverted resources to support students’ education during the pandemic. Its purpose is to ensure that all schools in the state are adequately equipped with remote tools, connectivity, and programming in order to provide students with the basic education guaranteed to them under the California Constitution, as stated in the lawsuit.
The plaintiffs are requesting an injunction to secure immediate relief, as well as long-term changes to prevent a return to the pre-pandemic education system.
"Even prior to COVID, we were aware of existing education disparities," stated Marianna Hernandez, prevention manager at Community Coalition, another plaintiff involved in the lawsuit. This South Los Angeles-based nonprofit organization trains leaders to advocate for racial and economic justice in the community. The group was founded by Karen Bass, who currently serves as a U.S. representative in California’s 37th district.
"We have been discussing the state’s failure to support low-income students of color for a significant period of time," Friley added. "People are frustrated and fed up."
The lawsuit includes 15 students as plaintiffs, encompassing a kindergartener, a high school senior enrolled in Advanced Placement (AP) classes, and multiple children with disabilities. The defendants named in the lawsuit are the state of California, its Board of Education, its Department of Education, and State Superintendent Tony Thurmond.
The state did not respond to multiple requests for comment from . However, Thurmond, in a statement quoted by the Los Angeles Times, acknowledged that the pandemic has disproportionately affected vulnerable individuals due to long-standing systemic inequities. He emphasized that addressing the access and opportunity gaps impacting student learning has been a pressing focus since the onset of the public health crisis.
Friley stated that the hearing on Friday in the Alameda Superior Court will mark the first opportunity for a judge to hear arguments in the case.
Friley explained that since the shift to remote learning, many low-income students have been lacking computers and reliable internet connectivity. Additionally, they have faced shortened school days that do not compare to the quality of instruction provided in wealthier districts. Furthermore, mental health issues have risen, dropout rates have increased, and fewer students are pursuing postsecondary education.
According to the lawsuit, as of December, 11 of the state’s top 25 school districts were still distributing devices to families. The lawsuit includes a statement from one parent, referred to as Kelly R., who stated that when the Los Angeles Unified School District transitioned to remote learning, both of her children’s teachers did not have reliable internet, resulting in only 30-40 minutes of instruction a couple of times per week.
In October, Thurmond estimated that up to 1 million students still did not have suitable computers or internet access to effectively participate in distance learning.
In addition to immediate relief sought through the lawsuit, the coalition is urging the state to fundamentally transform its education system and explore new methods that will better serve low-income students of color. Both Oakland REACH and Community Coalition highlight the programs they have initiated in the past year, with the hope that these initiatives can be implemented in school districts across the state.
The City-Wide Virtual Hub program has currently provided services to 200 families and is projected to expand to 1,000 families by summer. Through a $1 million grant from the Oakland district, the program will be extended to six Oakland schools starting this fall, as stated by Young.
In order to address the needs of students in terms of language proficiency, special education requirements, and access to technology, the Community Coalition hired tutors and collaborated with a local YMCA to establish in-person learning pods equipped with 100 laptops on site, according to Hernandez.
The Los Angeles district recently announced on May 24 that they will continue to offer a remote learning option for students in the coming year. Friley emphasized that the lawsuit remains neutral on the necessity of virtual instruction, but emphasizes the importance of providing an equivalent alternative if remote learning is offered.
The lawsuit was filed prior to the allocation of $6.6 billion in COVID relief funds to schools by the state. Friley clarified that the request for the injunction was not influenced by the availability of funds. However, state attorneys did mention the funding in a letter requesting the withdrawal of the suit, which was refused by the plaintiffs.
While having financial resources is beneficial, Young highlights that a change in mindset and a solid plan are crucial for the program’s success.
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