Parents of public school students have filed a lawsuit against the San Diego Unified School District (SDUSD) who allege that the district has failed to provide in-person instruction as required by law since the COVID-19 pandemic began. They further alleged that the district failed to provide underprivileged students with equal access to distance learning.
According to ABC 10, the suit filed Wednesday in San Diego Superior Court alleged that in-person instruction must be offered to all students. Some disadvantaged students have been able to attend on-campus "learning labs," but the parents argue that all students should be offered some level of in-person learning. The suit also alleged that students from disadvantaged or underserved communities were not provided equitable access to distance learning.
The suit cited California Senate Bill 98 which says that in-person instruction is required to be provided in some fashion. Students in San Diego have been out of school since March 2020.
The district recently announced plans to resume in-person instruction the week of April 12. However, the re-opening requires San Diego County to drop to the red tier of the state's reopening plan and school staff to have the opportunity to be vaccinated.
ABC 10 reached out to SDUSD for comment but an SDUSD spokeswoman declined comment and said the district does not comment on pending litigation.
Meanwhile, on Wednesday, a San Diego County Superior Court who was initially scheduled to hear arguments in the lawsuit filed against Democrat Governor Gavin Newsom to overturn the state school reopening rules, granted a continuance to give the state time to review the latest cause of action from the plaintiffs.
In the lawsuit, parents described how distance learning turned students who previously excelled into failing students. The suit claimed that as a result, children developed anxiety, depression, eating disorders, other mental health concerns and even suicidal thoughts.
The lawsuit was filed by parents from five school districts including Poway Unified School District, San Dieguito High School District, Carlsbad Unified School District, Oceanside Unified School District and San Marcos Unified School District.
There will be a continued hearing on the multi district case on Monday.
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