LBUSD Complaint Settled

Kirt Ramirez

As part of a settlement agreement, high-need students within the Long Beach Unified School District will receive improved services.

High-need students includes those from low-income households, foster youth, those with disabilities, students learning English as a second language, children experiencing homelessness and situations where a parent is incarcerated.

The settlement agreement resolves administrative complaints filed in 2017 against LBUSD and the Los Angeles County Office of Education (LACOE) by nonprofit law firm Public Advocates, Inc. and pro bono counsel Morgan, Lewis & Bockius on behalf of parents Marina Román Sanchez and Guadalupe Luna as well as groups Latinos in Action and the Children’s Defense Fund-California.

The complaint alleged that LBUSD was not properly spending funds intended to serve low-income, English learner and foster youth students under the school funding law called the Local Control Funding Formula.

On Sept. 27, 2017, the Children’s Defense Fund-California stated in a press release, “While the California Department of Education has ordered districts to correct their spending, this is the first time that a county office of education has found that a district improperly credited itself as having spent funds for high need students and called for the district to redress this error by increasing its expenditures to high need students in the subsequent school year.”

The press release added, “According to LACOE, LBUSD did not justify how $17 million of funds generated by high-need students spent on textbooks and materials and $7 million on teacher salary costs was used to grow services for low-income, English language learner and foster youth students.”

Last fall’s release stated, “LACOE determined that, despite being given the opportunity, LBUSD ‘could not provide a satisfactory explanation’ for its assertion that basic textbook purchases were principally directed to benefit high-need students and ultimately concluded the $24 million in textbook and salary costs ‘should not have been included’ among the actions credited against the district’s obligation toward high need students.”

As reported by the Beachcomber last fall, the LBUSD did not agree with the county’s ruling.

“Our school district’s Local Control Accountability Plan meets or exceeds state requirements and the spirit of the law,” LBUSD spokesman Chris Eftychiou said through email at the time. “The California Department of Education released student performance data today (Sept. 27, 2017). The Long Beach Unified School District shows significant growth in English and math,” he explained last year.

“All student subgroups improved here, including all racial/ethnic subgroups, students learning English as their second language, special education students, and homeless and foster children. Many of our schools closed achievement gaps by 50 percent or more.

“In many ways, our school district is outperforming the state and other large, urban school systems. We fundamentally disagree with the ruling, and there are additional procedures ahead where we can correct the county’s error,” Eftychiou wrote previously.

However, parents and community groups behind the complaint have now reached an agreement with the LBUSD that will benefit high-need students and create greater community engagement.

A May 11 jointly produced press release from the Children’s Defense Fund and the LBUSD details the agreement.

“Over the next three years, the settlement provides additional funding for enhanced mental health and social emotional services as well as extended tutoring in math and English Language Arts to 30 of the district’s highest-need schools,” the news release states.

“In addition, the agreement supports improved community engagement in LCAP (Local Control Accountability Plan) development and monitoring, including fall and spring community forums co-hosted with complainants to engage the community in the review of LCAP data and impact planning, as well as improved sharing of information about the LCAP,” the release states.

It adds, “The settlement represents a coming together of all the parties to achieve a common goal of helping the school district’s highest-need students to close achievement gaps as they prepare for college and career.”

In addition, Eftychiou told the Beachcomber through email on May 18.

“Our school district takes great care when planning and allocating resources. By nature, our accountability plan is constantly a work in progress. These latest adjustments to our plan are part of a thorough, ongoing effort to seek an array of input as we continually improve. We’re pleased to reach an agreement that will help us remain focused on student success.”

Complainants expressed enthusiasm over the agreement.

“I’m inspired by the parents and groups who have helped us arrive at this agreement and I hope even more parents and students get involved with decision-making at schools. I hope this motivates parents and students to advocate for the services they need in their specific schools,” parent and complainant Guadalupe Luna said in a statement.

“This is not the end; it is the beginning for all of our families who need help in receiving appropriate services. We look forward to continuing to work with the district to address the needs of our students,” parent and complainant Marina Román Sanchez said in a statement.

More details about the settlement can be found at http://www.publicadvocates.org/wp-content/uploads/final-settlement.pdf

kirt@beachcomber.news

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