Education Equity
Challenging the State of California’s Failure to Ensure Equitable Access to Education During the Pandemic
Case Overview
our Clients
our Organizational CLIENTS
All students in California have a fundamental right to education under the California Constitution. But throughout our State’s history, this access has been denied to students of color and students from low-income backgrounds – a situation that worsened markedly during the COVID-19 pandemic. California’s extended period of remote schooling, which began in March 2020, exposed deeply embedded inequalities in the State’s education system.
During this period and in its aftermath, the State of California neglected its responsibility to safeguard access to education for all students. The State’s failure to ensure access to digital connectivity and devices and to provide necessary academic and social-emotional supports forced families to navigate a lengthy period of remote instruction with little support. This situation widened the opportunity gap for lower-income and Black and Latinx students – a gap that will persist until the State provides leadership and planning to remediate the harms experienced by these students during remote schooling.
In November 2020, students and community-based organizations joined together to sue the State of California for failing to fulfill its constitutional duty to ensure equitable access to education. The suit sought to redress major deficiencies in California’s remote schooling program, including unequal access to necessary technology and academic and social-emotional supports.
Presently, the lawsuit seeks intervention from the State – including oversight, assistance, and enforcement – to provide critical relief to the families and students it left behind during the pandemic. Plaintiffs aim to ensure that all California schoolchildren receive the necessary resources and support to make up for the learning time they were unlawfully denied.
UPDATE: February 1, 2024 – In one of the largest education-related settlements in U.S. history, the State of California has agreed to dedicate at least $2 billion in funding to help students who fell behind during the COVID-19 pandemic. The funding will go towards evidence-based programs proven to increase student outcomes. For more info, see the press release here, and the settlement here.
Court
Superior Court of the State of California, County of Alameda
Status
Settled
Case No.
RG20084386
Filed
11/30/2020
Case Developments
Settlement
02/01/2024
Students Reach Settlement with State of California
State of California agreed to dedicate at least $2 billion in funding for evidence-based programs to help students who fell behind during the COVID-19 pandemic.
Filing
10/25/2023
Plaintiffs File Expert Report and Addendum of Andrew Ho, Ph.D.
Andrew Ho is a psychometrician and the Charles William Eliot Professor of Education at the Harvard Graduate School of Education. He provided his professional opinion regarding the meaning of test score results in California through the COVID-19 pandemic. His addendum analyzed 2022-2023 test scores and reinforced his previous conclusions.
Order
08/07/2023
Court Rules on Motion for Summary Adjudication
The Court ruled largely in Plaintiffs’ favor, denying the State’s Motion for Summary Adjudication on all but one of Plaintiffs’ claims.
In its ruling, the Court highlighted several key facts:
- The State “also knew that socioeconomically disadvantaged and students of color had higher percentages of lack of access to connectivity and digital devices than other students.”
- “800,000 to 1 million students lacked connectivity or devices to connect” during the pandemic.
- The State was “aware of this lack of access and estimated that it would cost $400-500 million to remedy this, but only raised about $18 million for this purpose.
Declaration of Elizabeth Moje, PhD in Support Of Plaintiffs’ Opposition
Order
06/07/2022
Court Rules on Demurrer
“The Court, having taken the matter under submission on 05/18/2022, now rules as follows: The Demurrer of the State to Amended and Supplemental Complaint is OVERRULED except for the demurrer to fifth cause of action (Ed Code 43500), which is SUSTAINED WITHOUT LEAVE TO AMEND. The motion of the State to strike portions of the Amended and Supplemental Complaint is DENIED.”
Filing
05/03/2021
Plaintiffs File Motion for Preliminary Injunction
Press Releases
Press Release
02/01/24
Historic Settlement Promises New Resources for Children Left Behind During Pandemic
Learn MorePress Release
05/03/21
Media
- CalMatters, Parents’ lawsuit forces California to spend $2 billion on learning loss. Here’s what will change, 2/2/24
- CNN, California agrees to $2 billion settlement over Covid pandemic learning loss for struggling students, 2/1/24
- NY Times, California Aims $2 Billion at Students Hurt by Remote Learning to Settle Lawsuit, 2/1/24
- LA Times, Landmark California schools settlement sets strict rules for $2 billion in pandemic aid, 2/1/24
- Daily Journal, State will pay $2B to help students who fell behind during the pandemic, 2/1/24
- SF Chronicle, California agrees to spend $2 billion for schoolkids disadvantaged during pandemic, 2/1/24
- EdSource, California agrees to target the most struggling students to settle learning-loss lawsuit, 2/1/24
- KCRW, CA students stuck with pandemic learning loss win settlement, 2/1/24
- Courthouse News Service, California commits $2 billion and vows legislation to help students catch up post-pandemic, 2/1/24
- Education Week, To Settle a Lawsuit, California Will Shift $2 Billion to Students Hurt by Pandemic Shutdowns, 2/1/24
- Politico Pro, California settles Covid learning loss case with families, 2/1/24
- Inside Higher Ed, California Drops Effort to Bar Professor as Expert Witness, 8/28/23
- The San Diego Union-Tribune, Opinion: California education leaders should be embarrassed by efforts to hide K-12 shortcomings, 8/25/23
- CalMatters, California walks back decision to muzzle researchers testifying in pandemic education lawsuit, 8/23/23
- EdSource, The case of Cayla J: Judge to decide if California failed low-income students during Covid, 8/22/23
- Education Week, Lawsuit Spotlights California’s Restrictions on Researchers’ Use of Its Education Data, 8/22/23
- EdSource, California Ed Department backs down on punishing education researchers who testify against it, 8/18/23
- Politico, California drops effort to block researcher from testifying in education case, 8/17/23
- EdSource, Harvard Law’s First Amendment experts rally to Stanford professor’s defense, 8/10/23
- EdSource, Critics pan state’s justification for threatening Stanford education professor over breach of data contract, 8/7/2023
- Inside Higher Ed, Barred From Testifying by a Research Agreement, 8/3/23
- EdSource, California moves to silence Stanford researchers who got state data to study education issues, 7/28/23
- SF Chronicle, Legal case argues state educators let down disadvantaged children during pandemic, 7/17/2023
- The Oaklandside, Distance learning lawsuit against California involving Oakland families moves forward, 6/17/2021
- The 74 Million, 1st Hearing This Week in Lawsuit Charging California Denied Equal Education to Low-Income Students of Color During Pandemic, 6/2/2021
- EdSource, Students, community organizations ask judge to order mental health services, internet access, 5/10/2021
- California Globe, California Sued By Parents Over Remote Learning Inequalities, 12/3/2020
- EdSource, California lawsuit charges ‘inequitable’ distance learning, 12/3/2020
- CBS News, COVID Schools: Parents, Education Advocates Sue California Over Remote Learning, 12/2/2020
- Washington Post, ‘Great unequalizer’: Seven families sue the state of California, saying remote learning is leaving Black and Latino students behind, 12/1/2020
- NY Times, California families sue over remote learning, saying minority students have been left behind, 12/1/2020
- LA Times, California is failing to provide free and equal education to all during pandemic, suit alleges, 12/1/2020
- KTVU, 1st suit of its kind: California failing to meet needs of students, teachers during pandemic, 12/1/2020
- MyNewsLA, L.A. Parents Sue State Over Remote Learning Inequities, 12/1/2020
- Reuters, Families sue California, say state fails to educate poor, minority students amid pandemic, 11/30/2020
- USA Today, Families sue California, claiming state failed to educate poor and minority students amid pandemic, 12/1/2020
- Axios, Families sue California over remote learning pandemic measures, 11/30/2020
- KRON4, New lawsuit challenges education for students in CA , 11/30/2020
- Politico, California families sue state over distance learning inequities, 11/30/2020
