LA schools’ distance learning is inadequate, lawsuit states

A proposed class action filed Thursday accuses Los Angeles Unified School District of depriving Black and Latino students of an adequate online education during the pandemic.

Kirkland & Ellis LLP's partners Sierra Elizabeth and Mark C. Holscher represent a group of parents who say their children's learning progress suffered after instruction went entirely virtual. While students in some other California counties were allowed to return to classrooms, schools in Los Angeles County remain closed.

The problems with remote instruction is exacerbated by already poor educational opportunities offered children from disadvantaged backgrounds, the lawsuit states. Keshara Shaw, et al v. LAUSD, Austin Beutner, et al., 20STCV36489 (L.A. Super. Ct., filed Sept. 24, 2020).

"Indeed, even under normal conditions, the LAUSD has been unable to close gaps caused by widely disparate access to educational opportunity as well as inequitable access to support and enrichment outside of school for the most vulnerable," the action reads. "Rather than implementing a distance learning plan sufficient to ensure that these students do not fall further behind however, the district did the opposite."

After the pandemic hit, the district slashed teacher work time, instructional time, training and professional development, the action states. School officials also failed to ensure each child had adequate access to technology, the lawsuit states. The district's own data showed that nearly 40% of students did not participate in remote learning during the spring semester.

In a statement, LAUSD said it would continue to provide the best possible education to all students, but noted that "school districts like Los Angeles Unified have to balance the sometimes conflicting priorities of the learning needs of students and the health and safety of all in the school community."

"However, many of the challenges society faces present themselves in schools, including the impact of COVID-19," the district's statement reads. "Since school closed in March, LA Unified has been working to bridge the digital divide ensuring all students have devices and access to the Internet. It has also sought innovative ways to engage students online."

During Thursday's news conference in front of the Stanley Mosk courthouse in downtown Los Angeles, parents shared their frustrations watching children fall behind. Many were not given specific instruction on how to access online classes, the parents said, and at times, the school day "ended" by mid-morning.

"Even prior to the situation we find ourselves in now, prior to COVID-19, there was already a very strong correlation between race, socioeconomic status, and educational achievement in LAUSD public schools," Elizabeth said. The glaring deficiencies were not remedied by the district, she added.

The remote learning plans violate the California Constitution on the basis of race and wealth, and Senate Bill 98 which was enacted in June to ensure public school students had the same education as they did prior to the pandemic, Elizabeth said. SB 98 outlines requirements public schools must follow if they instruct students remotely.

LAUSD entered into an agreement with its teachers union on April 8 that failed to address several issues: teachers weren't required to provide live interactive instruction, weren't required to assess student learning and weren't required to spend more than an hour a week on planning, the lawsuit argues.