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Students, Community Organizations Ask Judge to Order Mental Health Services, Internet Access

Arguing that appropriating billions of dollars alone will not ensure action, community organizations and parents from Los Angeles and Oakland are asking an Alameda County Superior Court judge to order the state to immediately provide computers and internet access and address the mental health needs of children who have borne the brunt of the pandemic.

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Arguing that appropriating billions of dollars alone will not ensure action, community organizations and parents from Los Angeles and Oakland are asking an Alameda County Superior Court judge to order the state to immediately provide computers and internet access and address the mental health needs of children who have borne the brunt of the pandemic.

The May 3 request for immediate relief comes six months after the plaintiffs sued the State Board of Education, the California Department of Education and State Superintendent of Public Instruction Tony Thurmond. Now, they are seeking a preliminary injunction to force the state to respond. Superior Court Judge Winifred Smith has set June 4 for a hearing.

“The state cannot just write big checks and then say, ‘We’re not paying attention to what happens here,’” said Mark Rosenbaum, a directing attorney with the pro bono law firm Public Counsel. Public Counsel and the law firm Morrison and Foerster filed the lawsuit on behalf of 15 children and two organizations: The Oakland Reach and the Community Coalition, which is based in Los Angeles. 

In their initial, 84-page filing, they claimed the state had shirked its responsibility to ensure that low-income Black and Latino children were receiving adequate distance learning, with computers and internet access the Legislature said all children were entitled to. Instead, they argued, children “lost precious months” of learning, falling further behind because of poor internet connections, malfunctioning computers and a lack of counseling and extra academic help.

“While the COVID-19 pandemic was unavoidable, these harms were not. Yet for most of this period, state officials constitutionally charged with ensuring that all of California’s children receive at least basic educational equality have remained on the sidelines,” the plaintiffs argued.

Angela J., of Oakland, whose three children are plaintiffs in the case, elaborated on the difficulties they encountered during a year under distance learning in a declaration filed with the latest plaintiffs’ motion. 

Although she is president of the PTA, her school has been uncommunicative and unresponsive to requests for technical help and lesson plans, she wrote. Her children are falling behind and “suffering emotionally,” she said. Her third-grade twins are supposed to be doing multiplication and division but are struggling with subtraction. “They are supposed to be able to write essays, but they can barely write two sentences.”

The Oakland Reach and the Community Coalition have stepped in with technical help and support for hundreds of families that district schools should have provided, the plaintiffs’ motion said. The Community Coalition hired tutors and partnered with YMCA-Crenshaw to provide in-person learning pods with 100 laptops on site. The Oakland Reach hired 19 family liaisons, started a preschool literacy program and offered online enrichment programs for students.

Months passed, infection rates declined, schools made plans to reopen, and then in March, Gov. Gavin Newsom and the Legislature appropriated $6.6 billion in COVID-19 relief that school districts can put toward summer school, tutoring, mental health, teacher training and other academic supports. By June 1 — less than a month from now — districts and charter schools are required to complete a report, after consulting with parents and teachers, on how they plan to spend the money.

But the plaintiffs argue in their latest filing, “this funding comes with no oversight, assistance, or enforcement to ensure that the funds will be used properly to address the issues relating to digital devices, learning loss, and mental health support.” And there’s no requirement that districts begin this summer to address the harm that the most impacted students have felt, the statement said.“Schools are indeed ‘reopening’ to one degree or another, but absent a mandate that all students receive what they need to learn and to catch up, or any guidance from the State that would help them do so,” the filing said.

In a statement, California Department of Education spokesman Scott Roark acknowledged that the pandemic has disproportionately impacted those who “are vulnerable by historic and systemic inequities,” and cited the department’s work obtaining hundreds of thousands of computers, expanding internet access and providing guidance to educators on distance learning for highest-needs students.

“As we work to return children back to the classroom, we will maintain a laser focus on protecting the health and safety of our school communities while providing the supports needed to ensure learning continues and, where gaps persist, is improved,” the statement said.

In passing legislation accompanying the state budget last June, the Legislature laid out requirements for distance learning that school districts must meet to receive school funding. They included providing all students with access to a computer and the internet. 

Missing, however, was an enforcement requirement, like the monitoring that’s used to verify that students in low-income schools have textbooks, safe and clean facilities and qualified classroom teachers. That system was set up in 2004 through a settlement of Williams v. State of California, in which low-income families sued the state over its failure to assure safe and equitable conditions in schools.  

At the time, Rosenbaum was a lead attorney for the ACLU of Southern California, which brought the lawsuit with Public Advocates and other civil rights organizations.

Despite efforts by Thurmond and districts over the past year to get technology in place, Thurmond estimated in October that as many as 1 million students lacked devices or sufficient bandwidth to adequately participate in distance learning from home. Between federal and state funding, districts have plenty of money to buy computers, and the Legislature is considering several bills to fund internet access statewide (see here and here). 

They won’t solve the immediate challenge, but they could become relevant if there were to be a settlement in this case, as in the Williams lawsuit.

Among their requests, the plaintiffs are asking the court to order the state to:

  • Determine which students lack devices and connectivity and ensure that districts immediately provide them;
  • Ensure that all students and teachers have access to adequate mental health supports;
  • Provide weekly outreach to families of all low-income Black or Latino students to aid in transitioning back to in-person learning through August 2022;
  • Provide a statewide plan to ensure that districts put in place programs to remedy the learning loss caused by remote learning.

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Books

Oakland Mayor Reads to Children at Bookout Block Party at Marcus Books Store

Booths lined the street with arts and crafts, and children participated in hands-on art projects. A large display of books was on display and each child chose his/her free book to take home. Food and snacks were available, and free water was encouraged to keep all hydrated.

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(L.to R.) Cherysse Calhoun and Blanche Richardson of Marcus Books join Oakland Mayor Barbara Lee with Indya McGuffin and Bean Tupou of Storyland Collective inside the store on Sept. 12. Courtesy photo.

Floating bubbles greeted families on arrival at the Bookout Block Party held on Sat. Sept. 12 at 39th and MLK Blvd. in Oakland.

Sponsored by Marcus Books and Storyland Collective, a wonderland of activity for children stretched to Longfellow School while live music filled the air, courtesy of KWC Complex Jazz Group.

Booths lined the street with arts and crafts, and children participated in hands-on art projects. A large display of books was on display and each child chose his/her free book to take home. Food and snacks were available, and free water was encouraged to keep all hydrated.

A large area of turf was filled with huge bean bags for jumping, rolling, and sitting to listen as families crowded close to listen to Oakland Mayor Barbara Mayor Barbara Lee read a book out loud.

Of the numerous booths present were, “Claim Your Scholarship,” a program for Oakland Public School students and “VOLUNTEER NOW,” a program encouraging volunteers to help boost reading proficiency. Individuals sold their art and products. Free gifts were at many tables and a raffle was held.

The event with Marcus books culminated a summer-long program organized by Storyland Collective, a literacy arts organization bringing children’s ‘storytime,’ local authors, and art activities to Bay Area neighborhoods. Marcus Books is the oldest, independent Black-owned book store in the U.S., featuring books by and about Black people here and abroad.

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Black History

Tradition Comes to the Streets in 11th Annual Black-Eyed Pea Festival at the Freedom Farmers Market

Mayor Barbara Lee stops by to support vendors, Winky Dinky Dogs owner Tyranny Allen A streamlined Oakland Black-Eyed Pea Festival took place on Sat. Sept. 12 in the lower Temescal neighborhood on the blocked off street that connect Shattuck and Telegraph avenues. An early start b

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(L. to R.) Black-Eyed Pea Festival Director Wanda Ravernell with Barbara Lee and Winky Binky Dogs owner, Tyranny. Courtesy photo.

Mayor Barbara Lee stops by to support vendors, Winky Dinky Dogs owner Tyranny Allen

A streamlined Oakland Black-Eyed Pea Festival took place on Sat. Sept. 12 in the lower Temescal neighborhood on the blocked off street that connect Shattuck and Telegraph avenues.

An early start brought together vendor regulars from festival partner, the Freedom Farmers’ Market, and vendors who have supported the festival at its previous location at Marston Campbell Park.

Wanda Ravernell, the festival producer/director was on the verge of cancelling the festival because of funding limitations in May before reaching out to Elaine Smith, president of Farms to grow, Inc., which supervisors the market.

From its start in 2014, the festival has focused on the traditions of African American culture through music, food and art. That emphasis included fresh food vendors, particularly growers of African American legacy crops like black-eyed peas, yams, watermelon, collard greens and okra, which all originate in Africa.

To Fresno farmer Will Scott of Scott Family Farms, the Freedom Farmers’ Market allows him to bring those crops to the inner city – and support the nutrition of African Americans.

Shortly after the festival opened Saturday morning with prayers and salutes to the ancestors by Wakan Wiya Two-Spirit Drum and Awon Ohun Omnira, led M. Zamora and Otobaji Stewart respectively, 86-year-old Scott, the son of a sharecropper, announced that he will put other endeavors aside to dedicate the rest of his life to raise those foods.

Smith shared that Farms to Grow assists Black farmers in helping them overcome one of their main impediments to success – distribution – while creating alliances to help Black people maintain farmland and make it prosperous for younger generations to keep farming and farmland in the family.

As the morning progressed to afternoon, a steady stream of visitors drifted from booth to booth, chatting with vendors and each other.

Scott noted that a market day like this was what he was accustomed to in his youth, where the market was not just about buying things but also a place for valuable social exchange.

The social aspect became even pronounced shortly after midday when Oakland Mayor Barbara Lee stopped by to shop and visit with some of the vendors, including Ellen Bimpeh of Sankofa, and Ravernell who was selling T-shirts designed by Stewart.

Lee is also a fan of Winky Dinky Dogs, an eatery owned by Tyranny Allen whose second brick-and-mortar venture further anchors a hub of businesses at that corner.

As he has in previous years, Andre Thierry of Accordion Soul, closed the festival with a 90-minute set that brought young and the young-at-heart on their feet to dance in a line or as impromptu couples.

And, surprisingly, the man Allen refers to as the mayor of 45th Street, came out on cane and chair to sit by the curb in the sun and listen to music reminiscent of his Louisiana roots. His appearance seemed to echo Scott’s observance about the market: to bring people together.

The Freedom Farmers’ Market is located at 4521 Telegraph Avenue in Oakland and is open on the second and fourth Saturdays of each month until Nov. 14. For more information and to apply to be a vendor, go to https://www.farmstogrow.org/freedomfarmersmarket

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Commentary

Neighborhood Empowerment Day in Deep East Oakland Brings Community Together After Recent Tragedy

Hosted by the 40×40 Council, the free, family-friendly resource fair featured health and wellness services, workshops, children’s activities, food, giveaways and local Black-owned businesses. Residents also connected with community organizations working to strengthen East Oakland.

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Vendors representing maternal health support at the 40x40 Neighborhood Empowerment Day at the Parker Community Resource Center in East Oakland. Photo by Carla Thomas.

Families, residents and community organizations gathered at the Parker Community Resource Center on Saturday, Sept. 12, for the 40×40 Neighborhood Empowerment Day, transforming the site of a recent tragedy into a space for healing, resources, connection and joy.

Hosted by the 40×40 Council, the free, family-friendly resource fair featured health and wellness services, workshops, children’s activities, food, giveaways and local Black-owned businesses. Residents also connected with community organizations working to strengthen East Oakland.

The gathering came six weeks after a fatal shooting occurred at the Ney Avenue center on July 31. The violence happened shortly before 9 a.m. on the campus of the adult education center and claimed the life of 25-year-old Kimarii McLemore. A second person was injured.

McLemore was attending what was supposed to be her final day in an adult education carpentry class. The shooting deeply affected her family and traumatized students, staff members and residents who had viewed the center as a safe place where community members could pursue education, career training and a better future.

Neighborhood Empowerment Day offered residents an opportunity to return to the center in a spirit of unity and reclaim the space as an important neighborhood resource.

“Reclaiming the space after a tragedy means creating opportunities for people to gather, connect, experience joy and feel a sense of community once again,” said Tim Zenor-Davis, program manager at Roots Community Health. “After a trauma occurs, we see what happened, we acknowledge its impact, and we are continuing to show up.”

Throughout the afternoon, children and families participated in activities while residents received information about health, wellness and other community services. The event also gave local entrepreneurs and service providers an opportunity to connect with the community.

Complimentary meals included grilled burgers and tacos while a DJ played popular music. 

Guests received blood pressure and eye-sight checks. A space to exercise on yoga mats was provided while headphones with guided meditation offered a moment to slow down and reflect.

The 40×40 Council includes the Black Cultural Zone, Brotherhood of Elders Network, East Oakland Youth Development Center and Roots Community Health. Together, the organizations have worked to address community violence and the deeper systemic conditions that have affected generations of East Oakland residents.

The council’s work has extended beyond responding to individual tragedies. As part of the broader Rise East initiative, the collaborative has focused on reversing decades of economic disinvestment, systemic poverty, health disparities and the displacement of Black legacy residents.

The 40×40 area stretches from Seminary Avenue to the San Leandro border and from MacArthur Boulevard to the Bay. More than 30,000 Black residents live within the area, which contains Oakland’s largest concentration of Black residents.

Organizers said the area has continued to demonstrate resilience despite experiencing community violence, declining investment and a significant life-expectancy gap compared with wealthier parts of the region.

The council seeks to help reshape East Oakland into a vibrant, multigenerational community where Black residents can remain, return, heal, prosper and build power. 

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