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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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Oakland Post: Week of February 5 – 11, 2025

The printed Weekly Edition of the Oakland Post: Week of February 5 – 11, 2025

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OP-ED: Like Physicians, U.S. Health Institutions Must ‘First, Do No Harm’

Coupled with their lack of government and healthcare-related experience, we are concerned these nominees will significantly undermine public health, increase the number of uninsured people, worsen health outcomes, and exacerbate health disparities. Physicians observe Hippocrates’ maxim to “First Do No Harm,”, and we urge Trump administration officials to do the same. It is critical that the leadership of HHS and its agencies make decisions based on facts, evidence, and science. Misinformation and disinformation must not guide policymaking decisions and undermine evidence-based public health strategies. Spreading these falsehoods also erodes trust in our public institutions.

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Albert L. Brooks MD. Courtesy photo.
Albert L. Brooks MD. Courtesy photo.

By Albert L. Brooks MD
Special to The Post

Presidential administrations significantly impact the health and wellbeing of our patients and communities.

Through the Department of Health and Human Services (HHS) and the agencies within it, such as the Centers for Medicare & Medicaid Services and the National Institutes of Health, this new administration will decide how financial resources are allocated, dictate the focus of federal research, and determine how our public health care insurance systems are managed, including the Affordable Care Act (ACA), the Children’s Health Insurance Program, the Vaccines for Children program, Medicare, and Medicaid.

The decisions made over the next four years will impact all Americans but will be felt more acutely by those most underserved and vulnerable.

As physicians, we are greatly concerned by the nominations announced by President Trump to critical healthcare related positions. Many of their previous statements and positions are rooted in misinformation.

Coupled with their lack of government and healthcare-related experience, we are concerned these nominees will significantly undermine public health, increase the number of uninsured people, worsen health outcomes, and exacerbate health disparities. Physicians observe Hippocrates’ maxim to “First Do No Harm,”, and we urge Trump administration officials to do the same.

It is critical that the leadership of HHS and its agencies make decisions based on facts, evidence, and science. Misinformation and disinformation must not guide policymaking decisions and undermine evidence-based public health strategies. Spreading these falsehoods also erodes trust in our public institutions.

Vaccines, in particular, have been a target of disinformation by some HHS nominees. In fact, research continues to confirm that vaccines are safe and effective. Vaccines go through multiple rounds of clinical trials prior to being approved by the Food and Drug Administration (FDA) for administration to the public.

Vaccines protect against life-threateningdiseasessuch as measles, polio, tetanus, and meningococcal disease and, when used effectively, have beenshowntoeliminateorsubstantiallyreducediseaseprevalenceand/orseverity.

Because of vaccine mis- and disinformation, there has been a resurgence in vaccine-preventable diseases such as measles and whooping cough, endangering those who are too young or unable to be vaccinated.

Several nominees have spread disinformation alleging that fluoride in public drinking water is harmful. In fact, fluoride in drinking water at the recommended level of 0.7 parts per million, like we have in our EBMUD water, is safe and keeps teeth strong. Because of public health interventions dating back to the 1960s that have resulted in 72.3% of the U.S. population now having access to fluoridated water, there has been a reduction in cavities by about 25% in both children and adults.

We also encourage the next administration to invest in our public health infrastructure. The COVID-19 pandemic highlighted the critical role of public health agencies in preventing and responding to health crises in our communities.

Health departments at the state and local levels rely on federal funding support and technical assistance to develop public health response plans, implement public health strategies, and work with on the ground organizations to serve hard to reach communities. Public health agencies are critical for protecting everyone in our communities, regardless of income-level, insurance status, or housing status.

Health officials should also work to protect the significant improvements in insurance coverage that have occurred since the passage of theACAin 2010.According to HHS, the numberofuninsuredAmericansfellfrom48millionin2010to25.6millionin2023.

California has led the way by investing in Medi-Cal and expanding eligibility for enrollment. In fact, it reached its lowest uninsured rate ever in 2022 at 6.2%. Voters affirmed this commitment to expanding and protecting access to care in November by passing Proposition 35, which significantly expanded funding for California’s Medi-Cal program. The administration should advance policies that strengthen the ACA, Medicaid, and Medicare and improve access to affordable health care.

Regardless of the president in power, physicians will always put the best interests of our patients and communities at the forefront. We will continue to be a resource to our patients, providing evidence-based and scientifically proven information and striving to better their lives and our community’s health. We urge the new Trump administration to do the same.

Albert L. Brooks MD is the immediate past president of the Alameda-Contra Costa Medical Association, which represents 6,000 East Bay physicians.

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Oakland Post: Week of January 29 – February 4, 2025

The printed Weekly Edition of the Oakland Post: Week of January 29 – February 4, 2025

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