State money alone is not enough, plaintiffs will argue in court hearing on Tuesday

An Alameda County Superior Court judge will hold a hearing Tuesday at 10 a.m. on a lawsuit demanding that the state act immediately to ensure all students receive internet service, mental health care and other services in response to the pandemic. Those who want to follow the proceedings — a request for a preliminary injunction — can do so here.

Fifteen parents from Los Angeles and Oakland and two community organizations, The Oakland Reach and the Community Coalition of Los Angeles, sued the State Board of Education, the California Department of Education and State Superintendent of Public Instruction Tony Thurmond last fall. The Legislature has appropriated more than $10 billion in Covid relief to school districts, with $12 billion more proposed in the 2021-22 state budget. Consistent with local control, Gov. Gavin Newsom has given school districts flexibility to determine how to use the money, with reporting requirements but little state monitoring.

Public Counsel, the pro bono law firm representing the plaintiffs, said that’s not good enough to meet the state’s constitutional obligation to provide an equal opportunity to all students for an education.

“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 Public Counsel.

The 84-page lawsuit claims that Los Angeles Unified and Oakland Unified failed to serve the plaintiffs and cites instances where The Oakland Reach and Community Coalition stepped in to meet the needs.