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In New Legal Complaint, Los Angeles Parents Say School District Is Failing to Ensure $1 Billion Is Going to High-Needs Students Annually

L.A. Unified parent Ana Carrion speaks to a reporter after the legal complaint was filed on July 11. (Nicole Ochi/Public Advocates)

*Updated July 23:

The California Department of Education on Monday declined to directly intervene, and sent the legal complaint to L.A. Unified and the L.A. County Office of Education to 鈥減romptly investigate.鈥 The district and the county have until Sept. 20 to respond. See the CDE letter here.

A June 28 version of L.A. Unified鈥檚 LCAP, which included changes made without public input, is also no longer on the district’s website. A district spokesperson could not immediately respond to a request for comment. A Public Advocates spokeswoman said in an email Tuesday that the is the one that is now in effect.

Initial post:

L.A. Unified and its county overseers have failed to ensure that high-needs students are receiving the more than $1 billion annually they are due in state funding, a new legal claims.

So the complaint, filed Thursday on behalf of two L.A. Unified parents, is asking the state to force the nation’s second-largest school district to be more transparent in its budget and spending plans.

The Public Advocates and Covington & Burling LLP law firms filed the complaint with the California Department of Education. The two firms, along with ACLU of Southern California, last sued the district for allegedly misallocating $450 million annually in funds designated for high-needs students. They won, with the resulting prompting a $150 million payout over three years to 50 of the district鈥檚 highest-needs schools.

It鈥檚 unclear what impact the new complaint could have, as the state has yet to respond.

The complaint cites 鈥渇undamental鈥 transparency concerns in particular with L.A. Unified鈥檚 2018-19 and 2019-20 Local Control and Accountability plans.

California districts are to submit 鈥淟CAP鈥 that outline their goals and actions for boosting student outcomes and provide evidence that state funding is generating increased or improved services for pupils. L.A. Unified receives more than $5 billion from the state鈥檚 education funding formula each year, about $1.1 billion of which is earmarked for increasing or improving services for low-income students, English learners and foster youth.

However, the complaint claims L.A. Unified鈥檚 LCAPs are so 鈥渙paque鈥 and 鈥渞ife with fundamental errors鈥 that they not only fail to identify how high-needs students are benefiting from this聽targeted funding but also 鈥渦ndermine basic notions of transparency and equity and thwart meaningful efforts at local engagement and accountability.鈥

L.A. Unified鈥檚 LCAPs 鈥渟eem to be getting worse over time,鈥 said John Affeldt, lead counsel for , which he called one of the most active groups in California helping districts implement the state鈥檚 funding formula. 鈥淢ost districts, we see them getting better鈥 the longer the funding formula has been in effect. But in L.A., 鈥淣ow we can鈥檛 even see what you鈥檙e doing. So we need you to come to the table鈥 and explain.

Among the accusations listed in the complaint:

鈼徛That the district submitted a to the county on or around June 28 鈥 10 days after the school board approved it in tandem with the 2019-20 budget 鈥 without required public notice and dialogue. ( of the complaint filing for highlighted changes between the June 18 and June 28 versions).

鈼徛That the district鈥檚 LCAPs 鈥渂undled鈥 information on services being provided into broad categories, 鈥渨hich prevent the public from seeing what specific actions the district is undertaking, how much is spent on each and whether the actions can be legally justified.鈥

鈼徛That the district reported $340 million in expenditures designated for high-needs students in 2017-18 that the complaint states was not explained or accounted for, and therefore might have been misappropriated.




The complaint is asking the state department to declare the June 28 LCAP 鈥渋nvalid,鈥 deem the June 18 LCAP 鈥渇undamentally deficient鈥 and order L.A. Unified to 鈥渨holly revise鈥 the LCAP as soon as possible so that it clearly identifies each service and action, their respective costs and their justifications for 鈥減roperly serving high need students.鈥

It鈥檚 further asking the department to 鈥渙rder [the L.A. County Office of Education] to approve that LCAP only if it satisfies鈥 legal standards. The county is co-cited in the complaint because it鈥檚 tasked with reviewing and approving the district鈥檚 LCAP each year.

When asked if one of the complaint鈥檚 goals was financial reparations from the district, Affeldt said, 鈥淔irst and foremost, we need clarity.鈥

鈥淭here may be some questionable practices going on,鈥 he said, 鈥渂ut we won鈥檛 know for sure until we have clarity.鈥

Ana Carrion, one of the parents behind the complaint (the other is Elvira Velasco), told LA School Report through a Spanish translator that she and other parents were inspired to take legal action after they struggled to understand the LCAP鈥檚 contents and felt the district was failing to engage them in the process. It was especially personal because her 12-year-old son qualifies as a low-income student who receives extra funding under the state鈥檚 formula.

鈥淲e were seeing this lack of accountability, lots of money at stake, and [we] didn鈥檛 understand how the whole thing worked exactly,鈥 said Carrion, whose son attends a school in District 1. 鈥淲hat I would really like to see from this complaint is equity for kids, for the kids who are of high [need] in the district. And a real transformation in the schools for them.鈥

The complaint comes weeks after parent outrage with the 2019-20 LCAP and new budget at two school board meetings in June. The district鈥檚 bid for its first parcel tax also last month, with many opponents citing waning public trust.

With the complaint filed, the next step will be getting the state department鈥檚 response as to whether it will intervene. Affeldt said that鈥檚 normally within 10 business days of the complaint鈥檚 filing.

While a complaint like this would typically be filed first with the district and county, doing so, , would 鈥渂e futile,鈥 as the county failed to act on concerns expressed last year. If the state declines to step in, though, Affeldt said they would file directly with the district and county, which would then have 60 days to investigate and provide a response.

An L.A. Unified spokesperson wrote in an email Thursday that the district 鈥渞eceived the complaint this morning, and we are currently reviewing it.鈥 The county similarly confirmed Friday that it 鈥渉as received the complaint and it is currently under review.鈥

Affeldt can鈥檛 predict the state鈥檚 actions, he said. But he鈥檚 hopeful.

鈥淚鈥檓 confident we have a strong complaint,鈥 he said.

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