REQUEST TO REOPEN OCR Complaint: Los Angeles Unified School District

REQUEST TO REOPEN: On July 11, 2023, Defending Education filed a federal civil rights complaint with the U.S. Department of Education’s Office for Civil Rights (OCR) against Los Angeles Unified Schools for violation of Title VI of the Civil Rights Act pursuant to implementation and ongoing management of its “Black Student Achievement Plan” (BSAP). OCR dismissed DE’s claim under subsection 110(d) of the OCR Case Processing Manual on July 11, 2024, because the District represented to OCR that it had “revised” the program to eliminate its racially discriminatory components. Because of that, OCR concluded that “there [was] no evidence of a current violation.” 

But critically and recently, DE recently discovered video evidence of a LAUSD Board of Education member and the LAUSD Superintendent stating that, in fact, “nothing has changed” in the District’s BSAP programming. These statements were made in October 2024, three months after OCR dismissed DE’s complaint. DE has requested that OCR reopen our organization’s complaint against LAUSD, because it has become clear that an investigation is necessary to determine the scope of LAUSD’s ongoing racial discrimination.

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DISMISSED: On July 11, 2024 the U.S. Department of Education Office for Civil Rights dismissed the complaint stating that the school district has revised the criteria for the program from race-based to achievement, school environment survey and absenteeism-based, and has revised the program “to state that its resources are available to all students regardless of race, color, and national origin.” See the letter here.

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On July 11, 2023, Parents Defending Education (PDE) filed a federal civil rights complaint with the U.S. Department of Education against the Los Angeles Unified School District in Los Angeles, California for discrimination on the basis of race in programs or activities that receive federal financial assistance in violation of both Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. § 2000d et seq., and the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.

PDE makes this complaint as an interested third-party organization with members who are parents of school children throughout the country. PDE and its members oppose discrimination on the basis of race and political indoctrination in America’s schools. The Los Angeles Unified School District is offering race-based programming for some students that is not open to all. Attached to this complaint is supporting evidence in the form of a “Black Student Achievement Plan” (BSAP) webpage on District’s website (Exhibit A) and a “Black Student Achievement Plan” booklet (Exhibit B).

As Exhibits A and B show, participation in and benefits from BSAP are based on race.

Accordingly, we ask that the Department promptly investigate the allegations in this complaint, act swiftly to remedy unlawful policies and practices, and order appropriate relief.