Frequently Asked Questions

1. What is this Action about?

Plaintiffs are parents and/or guardians of children who were enrolled in LAUSD’s public schools during remote learning during the 2020 spring semester and continue to be enrolled in LAUSD’s public schools for the 2024–2025 academic year.

Plaintiffs filed this case on September 24, 2020. They alleged that Defendant LAUSD’s distance learning policies—as memorialized in three successive side letter agreements between LAUSD and UTLA (the April 2020, August 2020, and December 2020 Side Letters)—discriminated against students on the basis of race and wealth (intra-district discrimination) and also fell fundamentally below the prevailing statewide standards (interdistrict discrimination). Plaintiffs requested declaratory and injunctive relief, including programmatic reforms that were endorsed by industry experts and designed to help students recover from the learning loss and disengagement allegedly suffered while LAUSD’s distance learning policies were in effect, including the provision of small group and one-on-one tutoring services, mandatory assessments, mandatory teacher training, and increased family outreach measures to reverse truancy trends.

Plaintiffs are represented by attorneys in the Action: Mark Holscher, Sierra Elizabeth, and Edward Hillenbrand (“Class Counsel”).

2. What does it mean that the Action has settled?

The Court has not made a determination of whether Plaintiffs’ claims are merited.

While the case was pending, Plaintiffs, LAUSD, and UTLA successfully negotiated a Settlement Agreement (the “Settlement”). The Court preliminarily approved the proposed Settlement as fair, reasonable and adequate, authorized the Notice, and scheduled a hearing to determine Final Approval. But the Settlement is still subject to the Court’s Final Approval. Both sides agree the proposed Settlement is a compromise of disputed claims. By agreeing to settle, LAUSD and UTLA do not admit any violations or concede the merits of any claims brought by Plaintiffs.

Plaintiffs and Class Counsel strongly believe the Settlement is advantageous to you because; (1) LAUSD has agreed to provide fair, reasonable and adequate remedial measures and Class Members do not have to bear the risks and uncertainties of continued litigation; and (2) the Settlement reached is in the best interests of the Class Members.

3. What are the important terms of the proposed Settlement?

A. Requests for Exclusion from the Class Settlement (Opt-Outs). You will be treated as a Participating Class Member, participating fully in the Class Settlement, unless you notify the Settlement Administrator in writing, no later than December 24, 2025, that you wish to opt-out. The easiest way to notify the Settlement Administrator is to send a written and signed Request for Exclusion by the December 24, 2025, Response Deadline. The Request for Exclusion should be a letter from a Class Member or his/her representative setting forth a Class Member’s name, present address, telephone number, and a simple statement electing to be excluded from the Settlement. Excluded Class Members (i.e., Non-Participating Class Members) will preserve their rights to personally pursue any otherwise released claims against LAUSD (see below for released claims).

B. The Proposed Settlement Will be Void if the Court Denies Final Approval. It is possible the Court will decline to grant Final Approval of the Settlement or decline to enter a Judgment. It is also possible the Court will enter a Judgment that is reversed on appeal. Plaintiffs and LAUSD have agreed that, in either case, the Settlement will be void, LAUSD will not implement remedial measures, and Class Members will not release any claims against LAUSD.

C. LAUSD will provide High Dose Tutoring programs over the next three school years to eligible students. LAUSD has agreed to provide High Dose Tutoring to eligible students beginning with the 2025–26 school year for a minimum of thirty minutes, three times a week, with no fewer than 45 hours offered, for the duration of a school year. High Dose Tutoring as used in this document is extra learning time in a small group (3–5 students) or one-on-one that occurs at least three times a week, usually lasting 30 minutes (depending on the student’s age). High Dose Tutoring programs include but are not limited to: (1) In Person Tutoring at Priority Schools; (2) Virtual Tutoring; and (3) Local Design to teachers. LAUSD will collect and share tutoring data in a publicly accessible format. Eligibility will be determined based upon the following criteria:

D. Class Member parents and guardians should contact Class Counsel if they believe LAUSD incorrectly determined that a Class Member Student is not eligible for High Dose Tutoring programs consistent with this Agreement. If any Settlement Class Student’s family is informed that the Student does not meet the criteria for High Dose Tutoring, the Student’s parent/legal guardian may request additional information about the Student’s eligibility from the school. Any parent or guardian of a Class Member Student who believes LAUSD has wrongly denied a Class Member Student access to High Dose Tutoring programs, consistent with this Agreement, should contact Class Counsel.

E. LAUSD will publicly post on the LAUSD and/or school websites all relevant information about the availability of High Dose Tutoring programs.

F. LAUSD will provide numeracy and literacy support to qualified students. LAUSD has agreed to offer qualified students appropriate numeracy and literacy support in small groups.

G. LAUSD will provide on LAUSD’s website various student assessment data. LAUSD has agreed to publish student assessment data for the next three school years beginning with the 2025–26 school year, consistent with federal and state law. After each progress monitoring assessment is administered, LAUSD has agreed to provide workshops for parents and guardians aimed to help families understand their child’s assessment results.

H. LAUSD will require teacher training. Consistent with the 2022-2025 collective bargaining agreement, LAUSD has agreed to require teachers to participate in training relevant to their curriculum as well as district wide training programs for the next three school years, beginning with the 2025–26 school year.

I. LAUSD will provide family and student outreach efforts. LAUSD has agreed to provide outreach efforts to chronically absent students, publish absenteeism data in a publicly accessible format, and engage in intervention programs for students trending towards chronic absenteeism as necessary, for the next three years.

J. Participating Class Members’ Release. After the Judgment is final Participating Class Members will be legally barred from asserting any of the claims released under the Settlement. This means that unless you opted out by validly excluding yourself from the Class Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against LAUSD or related entities for claims based upon side letter agreements entered into between LAUSD and UTLA on April 8, 2020, August 11, 2020, and December 31, 2020, as alleged in the Action and resolved by this Settlement.

K. Plaintiffs and Class Counsel are monitoring LAUSD’s compliance with the Settlement primarily using three methods.

1. First, Measures 3, 4, 6, 7, 8, 11, 13, 15, 20, and 23 of the Settlement require LAUSD to publish certain reports or data, such as tutoring eligibility requirements, tutoring participation data, and evaluations of the effectiveness of tutoring and other programs. Plaintiffs and Class Counsel are monitoring whether LAUSD is publishing these required reports and data.

2. Second, Plaintiffs and Class Counsel are using the information reflected in LAUSD’s reports and data and/or other publicly-available information to monitor LAUSD’s compliance with Measures 1, 2, 9, 10, 12, 16, 17, 18, and 22 in the Settlement, such as what numeracy and literacy programs LAUSD is offering students, what assessments LAUSD is administering, and what training LAUSD is providing teachers.

3. Third, Plaintiffs and Class Counsel are engaging with members of the Settlement Class, parent and community organizations, tutoring providers, and other stakeholders to ensure that LAUSD complies with all measures included in the Settlement.

L. The Court is retaining jurisdiction over this case to enforce the Settlement. Class Counsel will file any necessary motions to enforce the Settlement should Plaintiffs and/or Class Counsel, through the above mentioned monitoring and reporting mechanisms, determine that LAUSD is not complying with any term of the Settlement.

M. No Class Member will incur any costs as a result of the Settlement. LAUSD and Class Counsel are bearing all costs associated with the Settlement (approximately $175,000 in administrative costs paid to the Settlement Administrator, Simpluris, for administering the Class Notice process).

4. What Claims are the Settlement Class Releasing?

The Participating Class Members will be bound by the following release:

Upon final judicial approval of the Settlement Agreement , Plaintiffs and all Settlement Class Members, on behalf of themselves, and their respective heirs, executors, administrators, predecessors, successors, assigns, representatives, attorneys, and agents in their capacities as such, will release Defendants and their releasees (to be defined in the Settlement Agreement to include their current and former employers, officers, directors, employees, agents, servants, representatives, affiliates, successors, predecessors, assigns, assignees, advisors, auditors, attorneys, underwriters, and insurers) of all claims and causes of action of every nature and description whatsoever in law, equity, or otherwise, rights, liabilities, suits, debts, obligations, demands, damages, losses, judgments, matters, and issues, whether known claims or unknown claims, whether arising under federal, state, local, statutory, common or foreign law, whether accrued or unaccrued, fixed or contingent, liquidated or unliquidated, direct or indirect, that Plaintiffs or the Settlement Class Members asserted in the operative Complaint, or could have been asserted in any forum that arise out of, relate to, or are based upon (i) the April 2020 Side letter Agreement Between LAUSD and UTLA (the “April Side Letter”), the August 2020 Distance Learning Side letter Between LAUSD and UTLA (the “August 2020 Side Letter”), and the December 2020 Spring 2021 Second Semester Enhanced Distance Learning Side letter Between LAUSD and UTLA (the “December Side Letter”) (collectively, the “Side Letters”), (ii) the educational program offered by LAUSD during distance learning over the course of 2020–21 and 2021–22 COVID-19 pandemic school closures, and/or (iii) the adequacy of measures LAUSD has taken since 2020–21 and 2021–22 COVID-19 school closures to address alleged inadequacies in its distance learning educational program. Plaintiffs agree that as of the time of the execution of this Settlement Agreement, they are not aware of any current, pending, or potential claims or cross-claims against Defendants that are not being resolved or released of by way of the Settlement Agreement.

5. How do I Opt-Out of the Class Settlement?

Submit a written and signed letter to the Settlement Administrator with your name, present address, telephone number, and a simple statement that you do not want to participate in the Settlement. Class Counsel will exclude you based on any writing communicating your request be excluded. Be sure to personally sign your request, identify the Action, and include your identifying information (full name, address, and telephone number for verification purposes). You or your representative must make the request. If someone other than you or your representative make the request, it will not be valid. You must send your request to be excluded from the Settlement to the Settlement Administrator by December 24, 2025, or it will be invalid. FAQ 8 has the Settlement Administrator’s contact information.

6. How do I object to the Settlement?

Only Participating Class Members have the right to object to the Settlement. A Participating Class Member who disagrees with any aspect of the Settlement Agreement may wish to object, for example, that the proposed Settlement is unfair. The deadline for sending written objections to the Settlement Administrator is December 24, 2025. Be sure to include: (1) your full name, current mailing address, and telephone number; (2) a signed statement that you believe yourself to be a member of the Settlement Class; (3) whether the objection applies only to you as the objector, a subset of the Settlement Class, or the entire Settlement Class, (4) the specific grounds for your objection; (5) all documents or writings that you desire the Court to consider; and (6) a statement regarding whether you (or counsel of your choosing) intend to appear at the Final Fairness Hearing. Make sure you identify the Action (Shaw et al. v. LAUSD et al., Case No. 20STCV36489) and include your name, current address, telephone number, and approximate dates of student attendance at LAUSD and sign the objection. FAQ 8 has the Settlement Administrator’s contact information.

In the alternative to sending a written objection, Participating Class Members may also appear in Court (or hire an attorney to appear in Court) to present verbal objections at the Final Approval Hearing. You (or your attorney) should be prepared to tell the Court what you object to, why you object, and any facts that support your objection.

7. Can I attend the Final Approval Hearing?

You can, but don’t have to, attend the Final Approval Hearing on February 18, 2026, at TBD in Department 9 of the Los Angeles Superior Court, located at 312 North Spring Street, Los Angeles, CA 90012. At the Hearing, the judge will decide whether to grant Final Approval of the Settlement. The Court will invite comment from objectors, Class Counsel and Defense Counsel before making a decision. You can attend (or hire a lawyer to attend) either personally or virtually via LACourtConnect (www.lacourt.org/lacc). Check the Court’s website for the most current information.

It’s possible the Court will reschedule the Final Approval Hearing. You should contact Class Counsel to verify the date and time of the Final Approval Hearing.

8. How can I get more information?

The Agreement sets forth everything LAUSD and Plaintiff have promised to do under the proposed Settlement. The easiest way to read the Agreement, the Judgment or any other Settlement documents is to go here . The documents hosted on this website are only copies of the documents filed in the Action. You can also call or send an email to Class Counsel using the contact information listed below, or consult the Superior Court website by going to www.lacourt.org and entering the Case Number for the Action: Case No. 20STCV36489. You can also make an appointment to personally review court documents in the Clerk’s Office at the Stanley Mosk Courthouse by calling (213) 830-0800.

Do not telephone the Superior Court to obtain information about the Settlement.