LAUSD is now accountable for high-dosage tutoring as settlement is approved

The Los Angeles Unified School District is officially on the hook for providing high-dosage tutoring to students after a judge approved a settlement reached last fall.

After being accused of denying students their right to equitable education during pandemic shutdowns, the district must now provide 100,000 students — more than a quarter of the district’s TK-12 students — with three years of high-dosage tutoring under a court-approved settlement, amounting to more than 10 million hours. District staff and outside vendors will provide students with a mix of virtual and in-person sessions.

“The District is conducting a program evaluation of the tutoring program, which will explore variation in the implementation, take-up, and impact on student outcomes across a range of tutoring models and vendors,” LAUSD said in a statement to EdSource.

The tutoring mandate stems from a court-approved settlement reached in October and finalized last month in Shaw et al. v. LAUSD et al., a lawsuit filed during the Covid-19 pandemic that alleged that only 60% of the district’s students participated in virtual instruction during the spring 2020 semester, denying them “basic educational equality guaranteed to them by the California Constitution.”

LAUSD would continue to use its already existing high-dose tutoring eligibility criteria to determine which students receive the support. The district did not specify how it would measure the program’s success.

The settlement

The high-dosage tutoring that Los Angeles Unified maintains it has been providing relies on money from the Expanded Learning Opportunities Program (ELOP). The lawsuit, which includes other supports outlined in the settlement, gained final approval on Feb. 18 and is intended to help close learning gaps and improve academic performance.

The method specifically caters to students’ individual needs and provides either small group or one-on-one support that complements what they learn in the classroom, according to the National Student Support Accelerator at Stanford University.

“Evidence does suggest that that kind of effort would boost student outcomes,” said Morgan Polikoff, a USC professor of education.

“But I think it’s not likely to fully solve the problem, both because it’s missing a portion of the student population — a pretty sizable one — and also because I don’t know if that’s enough hours to solve the problem,” he said, referring to the fact that only a quarter of the student population will receive these services.

Ned Hillenbrand, a partner with Kirkland & Ellis LLP and one of the lawyers representing the plaintiffs, emphasized the importance of accountability moving forward.

“Our families understood that these issues affected students across the district. They admirably pursued remedial programs for those students as well as their own children,” Hillenbrand said in the statement.

“Now that the court has approved the settlement, our goal is to hold LAUSD accountable and to maximize the benefits students receive during the three-year enforcement period.”

Challenges with access

After the pandemic hit, Judith Larson, a plaintiff in the case, said she waited six months for a school computer to arrive, navigated connectivity challenges and even paid out of pocket for tutoring for her daughter. And one of the mentors struggled to help because she learned math in an entirely different way.

Aida Vega found it difficult to access LAUSD’s tutoring services for her daughter, who struggled academically during the pandemic but eventually graduated. But Vega had to take on an extra job to pay for the support.

“I did have the opportunity as a mom to be able to help my student that year because it was just her at that moment. I paid for her,” she said in Spanish. “But other parents had three, four children in schools and didn’t have that opportunity to pay. And now those students aren’t studying.”

LAUSD’s tutoring webpage says schools will contact families whose students qualify, and that parents can contact their local school sites for more information.

But Walt Gersón Rodríguez, the vice president of Innovate Public Schools, which supported parents in the suit, emphasized the importance of improving access, so parents and students don’t have to embark on a “scavenger hunt” to find them.

“My concern would be that this information doesn’t reach the parents; their children don’t get the service and support,” Rodríguez said. “And then, we have another generation of students that either graduate or don’t graduate and don’t go on to college and get a job or career in a competitive economy that we have today.”

Despite LAUSD’s gains in standardized test scores, which showed students are performing better than they did prepandemic, Polikoff noted that students are still “behind where they would have been had Covid not happened.”

Rodríguez added that some graduates have struggled to meet A-G requirements, courses necessary for students to be eligible to attend University of California or California State University campuses, and are having a hard time getting into college or entering the workforce.

If it weren’t for the setbacks, Larson said her daughter would have loved to attend UCLA. But she still considers herself one of the fortunate ones.

“Many moms and dads that I know, that one [dream] we share is we need to do better and change for our children,” Larson said. “But here we are taking steps, one at a time.”