These parents sued LA Unified over remote learning. How the settlement will benefit students

More than 250,000 students in Los Angeles Unified will be eligible for extra tutoring, summer school and other academic help after the district settled a class-action lawsuit alleging that its remote learning practices during the pandemic were discriminatory.

The settlement, filed in Los Angeles County Superior Court, was announced Wednesday by the law firm representing families who said their children fell disastrously behind during the Covid-related school shutdown in 2020-21.

“After five years of tireless advocacy on behalf of LAUSD students and families, we are proud to have secured a historic settlement that ensures students receive the resources they need to thrive,” said Edward Hillenbrand, a partner at the law firm Kirkland & Ellis. “This critical support will help pave the way for lasting educational equity.”

Los Angeles Unified had no comment on the case because the settlement has yet to be approved by the court. A hearing is set for December, although the settlement goes into effect immediately.

During the COVID-19 pandemic, Los Angeles and nearly every other school district in California closed for in-person learning from March 2020 through fall 2021. Students attended classes virtually, and most fell behind academically. Test scores statewide plummeted after schools reopened. Chronic absenteeism soared.

In fall 2020, a group of families whose children were languishing during remote learning sued Los Angeles Unified, saying the district wasn’t doing enough to ensure students were receiving an adequate education.

One parent, Akela Wroten Jr., said that his second-grade daughter was behind before the pandemic and became even more lost during remote learning. She struggled with reading and never got the extra attention she needed because teachers weren’t assessing her progress. 

Another parent, Vicenta Martinez, said her daughter didn’t get any instruction in spring 2020, in part because she never received logon information for remote instruction and the school never followed up. When she finally did access remote classes, the lessons were short and teachers offered little feedback.

“LAUSD’s remote learning plan fails to provide students with even a basic education and is not preparing them to succeed,” the lawsuit alleged.

The suit singled out an agreement between the district and its teachers union that said teachers would only be required to work four hours a day, wouldn’t have to give tests and weren’t required to deliver live lessons — their lessons could be asynchronous, or recorded beforehand. In addition, the agreement said the district wouldn’t evaluate or monitor teachers during that time.

United Teachers Los Angeles supports the settlement, saying it provides more assistance for students while leaving teachers’ “hard-won contractual rights” intact and avoiding “unwarranted judicial interference” in the district.

The union also noted that student test scores have recovered significantly since the pandemic..

The plaintiffs argued that the district’s policies discriminated against low-income, Black, Latino, disabled and English learner students, because those were the students least likely to have adequate support to succeed in remote learning. Those student groups also comprise the vast majority of students in the district, the nation’s second-largest.

The settlement requires the district to offer a host of academic support, including summer school and after-school tutoring, to the 250,000 students who were enrolled in L.A. Unified during the pandemic and are still with the district. Among those students, 100,000 who are performing below grade level will be eligible for 45 hours of one-on-one tutoring every year through 2028.