FEDERAL JUDGE WON’T HEAR PARENTS ADVOCACY GROUP’S SUIT OVER TITLE I FUNDS

By Barbara Jones Staff Writer, LA Daily News | http://bit.ly/LiT2Pi

5/21/2012 09:42:10 PM PDT  ::  A federal judge refused Monday to take jurisdiction of a lawsuit filed by a parents advocacy group, which claims that Los Angeles Unified illegally suspended its operation and seized control of federal money set aside for its use.

The ruling by U.S. District Judge Margaret Morrow involves a suit filed in December by the District Compensatory Education Advisory Committee. DAC is an elected group that represents the parents of tens of thousands of impoverished students for which Los Angeles Unified receives Title I federal funding.

The DAC lawsuit contends the district is legally bound to honor an April 2006 Parent Involvement Policy, which outlines the group's rights and responsibilities in advising on Title I programs. It also claims the policy is a condition for LAUSD to receive about $450 million annually in federal funds.

Last summer, however, after several contentious meetings involving DAC members and district officials, Superintendent John Deasy abolished the group. He replaced it with Parents as Equal Partners, a task force whose members were appointed by the district.

In its response, LAUSD denied that it had any contract with DAC or that it lacked the authority to suspend or abolish the group.

The district also maintained that DAC was asking the district to comply with provisions of the federal No Child Left Behind Act - something the court would not have the jurisdiction to enforce.

In her decision, Morrow said the Parent Involvement Policy was a contractual issue that should be decided in state court.

Robert Brown, the plaintiff's attorney, said the decision was a "huge victory" because the judge ruled there was an enforceable contract.

"That's most of the case," Brown said. "We're over the major hurdle."

However, Morrow did dismiss the DAC's claims that the district had violated members' constitutional rights to free speech and due process by replacing it with Parents As Equal Partners. The plaintiffs were given 20 days to amend that portion of the complaint, which Brown said he would do.