The Brief

Third grader Lenny Rodriguez enjoys playing and reading in his school’s yard, but it can get extremely hot outside.

“Sometimes, I’ve experienced heat waves. My feet were burning even when I had my shoes on,” Rodriguez says. “The playground is missing some shade.”

A dire need

Rodriguez’s school, Beachy Avenue Elementary, is in Arleta, near Pacoima and Panorama City. The temperature in these neighborhoods can hit highs well over 100 degrees during different parts of the year. The asphalt in the San Fernando Valley has registered 142 degrees on its surface. But schools all over the Los Angeles Unified School District are feeling the effects of rising heat.

According to the Los Angeles County Climate Vulnerability Assessment, extremely heat-prone regions of L.A. could see 30 or more additional days with temperatures above 90 degrees by 2050.

And that hot weather could stretch further into the school year, says V. Kelly Turner, associate professor of urban planning and geography at UCLA and associate director of the Luskin Center for Innovation.

“That's just going to be how it is in the future,” Turner says.

Turner and her colleagues have studied extreme heat and the role design plays in how people experience it. They found that “schools are some of the hottest places in communities” as a result of how they’ve been built.

Campuses all over the district, from West Hollywood to Watts, are asphalt jungles, and fixing it, says Turner, is “not just as simple as putting up trees.”

The indoors are a problem too: Many schools still lack air conditioning.

Turner says it’s important to think about schools as community resources, especially for kids who come from historically disinvested and disadvantaged communities.

“If kids live in a home without air conditioning or a cool place to go on hot days, then come to school, which also lacks cooling inside and shade outside, their core body temperatures are never getting down to safe levels,” Turner explains. “That's going to cause them to have difficulty concentrating … and it's going to be very, very hard for a child to learn in that context.”

Research shows that heat can negatively impact students’ ability to learn, which results in lower academic performance. Conversely, other studies have found that students benefit from time spent in green spaces and that exposure to nature can help kids focus better.

The demand for cooler schools

Parent groups and climate advocates have been trying to bring attention to this issue for years — and many say action has been a long time in coming.

Robin Mark, the L.A. program director for Trust for Public Land, says it’s important for people to understand that greening schools is not a landscaping project, it’s about school infrastructure that supports student learning, well-being and climate resilience.

“It’s not a nice-to-have,” Mark says, “It’s not really cool that the yard is so pretty. That’s not what we’re going for. What we’re going for is that we’re creating environments for students to thrive.”

First graders at Brainard Elementary demonstrate the very lengthy process of lining up, socially distanced, outside.

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The district's efforts so far

Last year LAUSD took a big step forward in addressing concerns. In June 2022, district officials allocated $58 million to outdoor education initiatives, including greening. A few months later, then-LAUSD board president Kelly Gonez authored a resolution calling for Superintendent Alberto Carvalho to develop a plan to ensure school campuses are at least 30% green by 2035.

But Gonez says she is still waiting. The plan was supposed to be given to the board in February.

"We need a systemic approach from the district," Gonez says. "Not to do this in a piecemeal fashion, because we know that's far from sufficient. It requires a really significant transformation in most cases because of the way the playgrounds have been set up. It's not aligned to the 21st century environment our kids live in.”

According to a district spokesperson, the Green Schoolyards For All Plan will be given to the board members in the coming weeks. It will include a prioritized list of the highest-need schools.

Since the pledge to green schools, district officials say they’ve met with stakeholders and experts, updated their data systems to include a pollution indicator and surveyed 349 people about what they think should be prioritized.

District officials say that there have been various greening projects underway that include modernizing campuses, creating school gardens and planting new trees. But the reality is that it will take a lot of money and a lot of time to reach the goals outlined by the Green Schoolyards initiative.

The funding challenge

More than 600 LAUSD campuses do not meet that 30% threshold. Even if the district prioritizes elementary schools, as promised, more than 200 of those campuses are less than 10% green. And some of the schools require infrastructure upgrades before greening can even happen.

LAUSD secured $400 million from Measure RR to modernize schools, including green efforts, and collected $100 million in other funds.

Funding has also come through partnerships with nonprofit groups and state grants, but it's nowhere near enough. District officials say it’s going to take an additional $4 billion to ensure all schools have enough green space and students are kept cool.

Officials say additional funding might have to come from another bond, which will require voter buy-in.

But even if LAUSD had all the money it needed, it would take decades to complete all of these projects. During a recent school board meeting, member Nick Melvoin estimated it could take up to 15 years to green the top 50 highest-need campuses, based on a district calculation that it would take about three to four years to update around a half-dozen schools.

“We are by no means mission accomplished,” Mark says. “There's a lot of learning on all of our sides about what we can do on a school campus, so that everybody's needs are being met, particularly the students and the teachers."

'Cool' pavement v. trees

While district officials have yet to provide the school board with a final plan for how they will achieve these green goals, some advocates have already questioned how the money is being spent.

For example, some of the ongoing bond investments include $300 million for "playground and campus exterior upgrades" that include the use of "cool pavement" coating that is designed to bring down surface temperatures. But parent advocates like Angelenos for Green Schools co-founder Aleigh Lewis argues that natural spaces should be prioritized.

She says understands the need for pavement for sports and other play but believes trees, grass and other natural surfaces should be prioritized over repaving surfaces with a reflective coating.

“You have all this money and you could do so much more for every school and cool them down,” Lewis says.

A community survey shared with the LAUSD school board in mid-October showed that stakeholders, including parents, teachers and students, want to prioritize trees and shade structures over other cooling efforts.

Gonez says there is room for all of it. Some schools have asked for the specialized cool pavement as part of much needed repaving but she agrees that the district “can't just do that alone.”

One small step to a greener school yard

Beachy Avenue Elementary, where Lenny Rodriguez goes to school, now has a new “reading garden” where students can sit outside in a cool, natural space. There are two blue circular platforms with a stretch of grass in between, and new trees that, once they are full grown, will offer shade for students.

Beachy Avenue Elementary's new reading garden is one of the first initiatives toward greening the school to meet the district's 30% goal by 2035.

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“I think this project is really helping our schools get better with shade on global warming,” Rodriguez says. “So, overall, I think this is a good thing for us in this district. We’re going to grow up with it.”

But that garden was five years in the making, notes Beachy Principal Lisa Dachs-Ornelas. She says she called on Gonez, her district board member, to help secure more than $100,000 for the reading garden.

And, still, there’s so much more that needs to be done. According to the district’s Greening Index, Beachy is almost 80% asphalt.

“It is very hot out here and the kids sometimes don't play," says Dachs-Ornelas. “They'll go under a shade and then they'll just socialize with a friend because it's too hot to play kickball on the asphalt.”

Gonez acknowledges the district is coming late to the climate crisis. Though some LAUSD schools might have been able to add a garden or plant some trees, green campuses haven’t been a district priority, she says, largely due to other issues officials had to handle: overcrowding, aging facilities and the pandemic.

But now that there is some collective attention on the issue from the state and local officials, Gonez emphasizes: “I think we need to do more, and I think we need to do more faster.”

On a tour of Orange County’s voting headquarters on Wednesday, Registrar Bob Page demonstrated the careful, multi-step process through which voters’ ballots are validated and counted.

As the federal government raises the specter of unsubstantiated voter fraud, Page’s message was clear: “ I want voters to know that we're doing everything we can to make sure they can vote safely and securely."

More than 380,000 Orange County ballots have been returned as of Oct. 27, Page said. That’s about 80,000 more ballots than was received around the same time in 2022, the last mid-term elections.

Orange County Registrar of Voters Bob Page addresses the media and other members of the public in attendance as part of a tour of the voting operations on Wednesday, less than one week before Election Day.

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The journey of a ballot in Orange County

Collecting, and counting, all those ballots takes time. Page explained that two-person teams are dispatched to collect dropped-off ballots every day during election season.

The ballot drop-off boxes in Orange County are made of steel, weigh more than 1,000 pounds and are bolted to the concrete, Page said.

The ballot retrieval duos are required to follow a strict process to ensure the chain of custody remains secure, including taking photos showing they’ve picked up the ballots, properly locked the retrieval door and that the internal fire suppression canister is intact.

The locations of the two-person teams are GPS-tracked by separate teams, which also review the photo evidence before giving the ballot retrieval duos the green light to go to their next stops.

An overhead camera shows the process that occurs after the signatures on a ballot have been verified and the ballot is then ready to be counted.

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Kavish Harjai

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LAist.com

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Signature verification

Once a ballot reaches the Registrar of Voters’ office, the next step is ensuring the signature on the envelope matches the voter's signatures in their registration file.

“If we do challenge [a signature], we’re required under state law to send a first-class letter notice to that voter,” Page said, adding that state statute affords voters until the day before Thanksgiving this year to correct errant signatures.

Page said three election workers must agree that enough of a discrepancy exists before the decision to challenge a signature is made.

Around 1.9% of the nearly 718,000 vote-by-mail ballots returned in the June primary election in Orange County were rejected, largely due to signature mismatch or because they weren’t received in time, according to the California Secretary of State.

Verified ballots are then separated from their envelopes and sorted before they’re prepared to be scanned and, finally, counted. The equipment used to tally votes isn’t connected to the internet, and access to the room the equipment is housed in is limited, according to Page.

Threats from the federal government

On Wednesday evening, a federal judge denied an emergency request from the Department of Justice to segregate 20,000 ballots across California that the federal government said were sent to “likely” noncitizens.

More than 1,750 of those people identified were in Orange County, according to a letter Bill Essayli, top federal prosecutor for the Central District of California, delivered to the county registrar’s office Monday.

The Department of Justice said it will appeal the ruling from U.S. District Court Judge David Carter, who, in his decision, said the federal government’s attempted move could “wreak havoc and disrupt the election that is already underway.”

California Attorney Gen. Rob Bonta called the ruling an “important victory,” but warned “the fight is not over.”

On Wednesday, before the ruling came down, Bonta released resources about election integrity in the state, including guidance for local election officials if law enforcement attempts to “access election sites where ballots are cast, processed, or counted.”

Page said he’s fielded more questions from the public this year about the potential for law enforcement to interfere in the election. He said he will have open lines of communication with partners with the California Governor’s Office of Emergency Services and  Orange County Intelligence Assessment Center should the threat arise.

What’s on your ballot?

Our LAist Voter Game Plan is here to help guide you through the Nov. 3 election with guides to races across Los Angeles and Orange counties — and that long list of state propositions — to help you cast a ballot that’s in line with your own personal beliefs and values.

But the one thing we don’t do? We don’t tell you how to vote. That part is left up to you.

You can find it all at LAist.com/Vote.

The U.S. Justice Department has issued subpoenas to California officials in an escalation of its scrutiny of local election administration.

The Associated Press obtained copies of three subpoenas sent Oct. 21 to employees of the Los Angeles County Registrar-Recorder, ordering them to appear in court on Nov. 4, the day after the election. The documents request any records, documents and communications related to letters sent in July and October by federal officials to state election officials outlining allegations of noncitizens on the state’s voter rolls. The subpoenas also seek information relating to the office’s “methods for screening for unlawful voting by aliens” and anything about efforts to prevent noncitizen votes from being counted.

The subpoenas were being issued by all four U.S. attorneys in California, according to a person familiar with the matter who insisted on anonymity to discuss an ongoing investigation.

Dean Logan, the Los Angeles County registrar, said, “threats and intimidated have no place in elections.”

Subpoenas come amid ongoing court battle

The Trump administration has sued to force California to set aside up to 20,000 ballots it suspects went to noncitizens and not count them until citizenship can be verified. A district court judge on Tuesday rejected that request, then on Thursday appointed a special master to evaluate the administration’s claims.

U.S. District Judge David O. Carter did not specify the exact scope of special master Daniel B. Garrie’s responsibilities, but said he would be tasked with “developing the factual record” for the court.

In a Tuesday court hearing, Carter said he wanted to vet the federal government’s list of over 20,000 alleged noncitizen voters since there has been extensive debate over its reliability and both sides have agreed that it includes an unspecified number of citizens.

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Carter also said at the hearing that a special master could investigate California’s claims that it cannot logistically separate the ballots in time for the county election certification deadline on Dec. 3. The federal government has contested that assertion.

It is not clear what would happen if a special master did find a substantial number of noncitizen voters on the federal government’s list or whether it would affect the certification of California’s election results. The 20,000 people on the DOJ’s list constitute only a small fraction of California’s 23 million voters.

Trump administration appeals to higher court

Meanwhile, the Trump administration asked a federal appeals court to quickly weigh in.

The Justice Department said in a late Wednesday filing that it’s essential the 9th Circuit Court of Appeals issue a ruling as soon as possible due to “irreversible ballot processing occurring on an ongoing basis.”

Carter’s decision was the latest legal setback for President Donald Trump in his efforts to expand federal control over state-run elections in the midterms that will decide control of Congress for the rest of his term. The Justice Department has made similar demands in other states, including Washington. Noncitizen voting has been a central focus of Trump’s political messaging for years, although available data indicates it is exceedingly rare.

Trump blasted Carter’s ruling against the federal government on Thursday morning before heading to a campaign rally in South Carolina.

“California is very corrupt. The elections are extremely corrupt. The judge should not have done that but we’ll appeal that, of course,” he told reporters. Trump added without evidence that there are “hundreds of thousands” and then amended it to “millions, in my opinion” of “bad ballots” in California.

Carter, an appointee of Democratic President Bill Clinton, argued that the Justice Department’s demands were a clear violation of the National Voter Registration Act, which prohibits changes to voter rolls or election procedure within 90 days of an election.

A number of US citizens were included in the Justice Department’s list of names

Both sides agree that an unspecified number of citizens were inadvertently included. Carter argued that separating the ballots at this point would risk disenfranchising citizens and “wreak havoc” on the election certification process.

Over 500,000 votes have already been processed in Los Angeles County alone, according to court filings. The system also protects voter privacy: Once a vote is processed, it cannot be traced back to the person who cast it.

Carter is to rule on the government’s renewed request for a preliminary injunction, which would bar the state from counting the ballots until the litigation is resolved. He said he will do so after a Nov. 13 evidentiary hearing with input from the special master.

He said that if the federal government suspected noncitizens were voting, it could continue to prosecute those cases criminally. Federal authorities have charged over two dozen foreign nationals in California as part of a statewide sweep targeting people officials allege have illegally registered or voted in U.S. elections.

Appeals panel judges have said they wouldn’t support setting aside ballots this close to midterms

The appeal will be the second time that the 9th Circuit Court of Appeals will consider the case.

The first time was just last week when the Justice Department argued before an appeals court panel that a fast ruling on its request was needed to stop any counting of the ballots.

Although the panel ruled it was premature for an appeals court to get involved before a lower-court ruling, two of the three judges wrote separate concurrences making it clear they wouldn’t support setting aside ballots at this late date. They questioned the accuracy of the federal government’s list of alleged noncitizen voters and argued that to set aside votes risks disenfranchising citizens.

One judge dissented, arguing that federal law bars noncitizens from voting and requires California to vet the potentially illegal ballots before counting them. The failure to do so, he wrote, would cause irreparable harm to the election.