Arguing that appropriating billions of dollars alone will not ensure action, community organizations and parents from Los Angeles and Oakland are asking an Alameda County Superior Court judge to order the state to immediately provide computers and internet access and address the mental health needs of children who have borne the brunt of the pandemic.
The May 3 request for immediate relief comes six months after the plaintiffs sued the State Board of Education, the California Department of Education and State Superintendent of Public Instruction Tony Thurmond. Now they’re now seeking a preliminary injunction to force the state to respond. Superior Court Judge Winifred Smith has set June 4 for a hearing.
“The state cannot just write big checks and then say, ‘We’re not paying attention to what happens here,’” said Mark Rosenbaum, a directing attorney with the pro bono law firm Public Counsel. Public Counsel and the law firm Morrison and Foerster filed the lawsuit on behalf of 15 children and two organizations: The Oakland Reach and the Community Coalition, which is based in Los Angeles.
In their initial, 84-page filing, they claimed the state had shirked its responsibility to ensure that low-income Black and Latino children were receiving adequate distance learning, with computers and internet access the Legislature said all children were entitled to. Instead, they argued, children “lost precious months” of learning, falling further behind because of poor internet connections, malfunctioning computers and a lack of counseling and extra academic help.
“While the Covid-19 pandemic was unavoidable, these harms were not. Yet for most of this period, state officials constitutionally charged with ensuring that all of California’s children receive at least basic educational equality have remained on the sidelines,” the plaintiffs argued.
Angela J., of Oakland, whose three children are plaintiffs in the case, elaborated on the difficulties they encountered during a year under distance learning in a declaration filed with the latest plaintiffs’ motion. Although she is president of the PTA, her school has been uncommunicative and unresponsive to requests for technical help and lesson plans, she wrote. Her children are falling behind and “suffering emotionally,” she said. Her third-grade twins are supposed to be doing multiplication and division but are struggling with subtraction. “They are supposed to be able to write essays, but they can barely write two sentences.”
The Oakland Reach and the Community Coalition have stepped in with technical help and support for hundreds of families that district schools should have provided, the plaintiffs’ motion said. The Community Coalition hired tutors and partnered with YMCA-Crenshaw to provide in-person learning pods with 100 laptops on site. The Oakland Reach hired 19 family liaisons, started a preschool literacy program and offered online enrichment programs for students.
Months passed, infection rates declined, schools made plans to reopen, and then in March, Gov. Gavin Newsom and the Legislature appropriated $6.6 billion in Covid relief that school districts can put toward summer school, tutoring, mental health, teacher training and other academic supports. By June 1 — less than a month from now — districts and charter schools are required to complete a report, after consulting with parents and teachers, on how they plan to spend the money.
But the plaintiffs argue in their latest filing, “this funding comes with no oversight, assistance, or enforcement to ensure that the funds will be used properly to address the issues relating to digital devices, learning loss, and mental health support.” And there’s no requirement that districts begin this summer to address the harm that the most impacted students have felt, the statement said.
“Schools are indeed ‘reopening’ to one degree or another, but absent a mandate that all students receive what they need to learn and to catch up, or any guidance from the State that would help them do so,” the filing said.
In a statement, California Department of Education spokesman Scott Roark acknowledged that the pandemic has disproportionately impacted those who “are vulnerable by historic and systemic inequities,” and cited the department’s work obtaining hundreds of thousands of computers, expanding internet access and providing guidance to educators on distance learning for highest-needs students.
“As we work to return children back to the classroom, we will maintain a laser focus on protecting the health and safety of our school communities while providing the supports needed to ensure learning continues and, where gaps persist, is improved,” the statement said.
In passing legislation accompanying the state budget last June, the Legislature laid out requirements for distance learning that school districts must meet to receive school funding. They included providing all students with access to a computer and the internet. Missing, however, was an enforcement requirement, like the monitoring that’s used to verify that students in low-income schools have textbooks, safe and clean facilities and qualified classroom teachers. That system was set up in 2004 through a settlement of Williams v. State of California, in which low-income families sued the state over its failure to assure safe and equitable conditions in schools. At the time, Rosenbaum was a lead attorney for the ACLU of Southern California, which brought the lawsuit with Public Advocates and other civil rights organizations.
Despite efforts by Thurmond and districts over the past year to get technology in place, Thurmond estimated in October that as many as 1 million students lacked devices or sufficient bandwidth to adequately participate in distance learning from home. Between federal and state funding, districts have plenty of money to buy computers, and the Legislature is considering several bills to fund internet access statewide (see here and here). They won’t solve the immediate challenge, but they could become relevant if there were to be a settlement in this case, as in the Williams lawsuit.
Among their requests, the plaintiffs are asking the court to order the state to:
- Determine which students lack devices and connectivity and ensure that districts immediately provide them;
- Ensure that all students and teachers have access to adequate mental health supports;
- Provide weekly outreach to families of all low-income Black or Latino students to aid in transitioning back to in-person learning through August 2022;
- Provide a statewide plan to ensure that districts put in place programs to remedy the learning loss caused by remote learning.
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