The Los Angeles Archdiocese is suing the Los Angeles Unified School District (LAUSD) alleging that it prevented federally funded services from reaching eligible, lower-income students who attend Catholic elementary school and high school.
“LAUSD has been indeed quite frank about its understanding of federal education programs as a zero-sum game and about its intent to increase its own share of federal education monies by artificially reducing Los Angeles Archdiocese schools’ share of services funded by such monies,” Los Angeles Archdiocese attorney Kevin Troy wrote in the Dec. 16 complaint.
The lawsuit was filed in Los Angeles Superior Court and demanding LAUSD properly calculate or recalculate the number of eligible children, aged 5 through 17, who are from low-income families and attend Catholic schools.
“The Archdiocese has made a good faith effort to settle the dispute with LAUSD but despite these attempts, LAUSD has yet to respond to the Archdiocese’s proposal to seek resolution in the form of services for the poorest students in our schools,” said Paul Escala, LA Archdiocese Catholic schools superintendent.
The complaint further alleges that LAUSD gave rise to its own federal funding by denying monies to the private religious school district.
“After four years of inaction by LAUSD to correct their denial of federal Title I services for historically eligible low-income students attending Catholic schools in communities such as Watts, South, and East Los Angeles, the Archdiocese of Los Angeles had no other choice but to pursue a legal remedy in California Superior Court for writ of mandate against LAUSD on behalf of our students and families who have been harmed,” Escala told the Southern California Record.
Counsel for the Archdiocese argues that LAUSD cannot withhold funds without engaging in a process that gives the private school notice and an opportunity to be heard in consultation as required by the due process clause of the 14th Amendment but that, to date, LAUSD has been unresponsive.
“This continues to leave thousands of students in need without the Title I services they are legally entitled to under the federal program, which mandates assistance to low-income and academically struggling children regardless of whether they attend public, private, or religious schools, particularly during a pandemic,” Scala said.
LAUSD did not immediately respond to requests for comment.
“The Archdiocese filed an administrative complaint with the California Department of Education after LAUSD blocked all but 17 of more than 100 previously eligible Catholic schools from receiving federal Title I services, which assist underperforming students with vital instructional services such as math and English intervention and counseling,” Scala added. “A California Department of Education report called LAUSD’s action “egregious, ”totally unreasonable,” and “the antithesis of good faith” and directed LAUSD to establish “timely and meaningful consultation with the Archdiocese to rectify any errors within 60 days.”
The plaintiffs seek a preliminary and a permanent injunction.