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برچسب: Archdiocese

  • LAUSD ordered to hand over records in long-running funding dispute with archdiocese

    LAUSD ordered to hand over records in long-running funding dispute with archdiocese


    Credit: Julie Leopo/EdSource

    Despite Superintendent Alberto Carvalho’s promise two years ago to settle the conflict, Los Angeles Unified continues denying millions of dollars in federal aid that the Archdiocese of Los Angeles argues it is owed for ongoing services to low-income students in Catholic schools. The archdiocese maintains that the district is diverting the money to bolster its students’ funding.

    Both the California and the U.S. departments of education have chastised the district for breaking federal regulations in dealings with the archdiocese. Now, a Los Angeles County Superior Court judge has ordered the district to turn over documents and data that it withheld.

     That information, which should illuminate the district’s decisions, could either restart stalemated talks or lead the archdiocese to turn to the courts to order a settlement after seven years of fighting.

    “We do not believe further litigation is necessary, and we can achieve equity for non-public school students,” said Paul Escala, the archdiocese’s superintendent of schools. “However, we will pursue all means to see that all students receive their legally entitled services.”

    Title I rules for private schools

    Congress requires that low-income students in private and public schools receive equivalent Title I funding to pay for counseling, tutoring, teacher aides, and learning specialists. The dispute with LAUSD concerns how much money should be allocated for the archdiocese’s schools and how to ensure the funding gets to the students.

    Under Congress’s rules, private and religious schools do not receive Title I funding directly. Instead, districts determine the eligibility of private and religious schools within their borders, administer the funding, and provide the services directly or through vendors after consulting with the schools. Los Angeles Unified, until recently, hired the Title I staff and put them on its payroll (see Frequently Asked Questions by the California Department of Education).

    The system worked amicably for years. Districts can choose from several ways to determine Title I eligibility, and LA Unified picked the fairest and most efficient method for the 100-plus schools within the archdiocese with low-income students, Escala said. The district used census data to determine the number of Title I-eligible students in an attendance area, then awarded a proportionate share of the money to archdiocese schools. Long Beach Unified uses the same method.

    More paperwork, more confusion, less money

    Then in 2018-19 and the following year, coinciding with the new administration of Superintendent Austin Beutner, the district chose another option for calculating private schools’ eligibility — student registrations for the federal school lunch program. Not only did this method require a lot more time, paperwork and verification by the schools, but the district changed the reporting rules several times with little notice and failed “to engage in timely and meaningful consultation,” the California Department of Education concluded in a 58-page report issued in June 2021 in response to a formal complaint by the archdiocese.

    Los Angeles Unified’s Office of Inspector General removed hundreds of students’ eligibility after examining parents’ school lunch forms in the two dozen schools it chose to audit and failed to include any students from other schools it didn’t audit.

    The result was to cut Title I funding to the archdiocese by more than 92%, from about $9.5 million in services 2017-18 for 102 schools to $767,000 for fewer than two dozen schools, according to Escala. In 2023-24, funding crept up to about $2 million for 43 schools. The district cut its total share allocated to private schools from between 2% and 2.6% of about $291 million to 0.5%, according to the California Department of Education.

    ‘Totally unreasonable’ demands 

    The state Department of Education harshly criticized the district. The timetable for demanding documentation was “totally unreasonable,” and the district “engaged in a pattern of arbitrary unilateral decisions” and failed to justify its decisions to the archdiocese, the report said.

    In ignoring the archdiocese’s Public Records Act requests for documentation to justify the cuts, the district took a “hide-the-ball approach (that) breached both the spirit and the letter” of the law, the report said.

    The spirit of Title I, as stated in the law’s preamble, Escala said, is to maximize participation. The intent of other options like surveys and free-lunch verification is for schools to prove they have higher proportions of low-income families than neighboring schools, he said.

    LAUSD is doing the opposite, Escala said.

    “The district’s using these other methods as a way of filtering and screening and reducing participation,” he said. “You’re extracting children you know qualify simply because a “t” wasn’t crossed or an “i” wasn’t dotted. It is beyond reproach, because they (LAUSD officials) don’t apply the same standard to their own schools.” 

    LAUSD had an obligation to give (the Archdiocese) the requested information. LAUSD’s hide-the-ball approach breached both the spirit and the letter of the duty to consult. — The California Department of Education in a June 2021 ruling

    LA Unified declined to comment on the state’s report, and last week, a spokesperson wrote in an email that “Los Angeles Unified does not typically comment on pending or ongoing litigation.”

    Districts have a financial incentive to minimize private schools’ funding eligibility. The federal government awards the total Title I funding to districts, which determine how much should be allocated for services to private and religious school students. Lawyers for the archdiocese point out that the less money that districts award, the more Title I funding they can spend on their own students.

    The district appears to understand this, said Kevin Troy, an attorney for the archdiocese, citing a Jan. 29, 2019, email from the principal auditor of the district’s Office of the Inspector General to the archdiocese, in which the auditor stated that the archdiocese “receives over $10 million of Title I funds from the LAUSD every year — money that could otherwise be allocated to LAUSD schools.”

    “There’s a moral and ethical question on the table,” Escala said.  “You (LA Unified) have got children in need, and you’re not serving them right,” he added, referring to students in archdiocese schools.

    The impact on one high school

    Mark Johnson, principal of Bishop Mora Salesian High School, has seen the effect of the cuts on students. Before the cutback, Title I paid for a reading intervention teacher and part-time aide who worked with 40 to 50 students weekly — about 1 out of 8 students at the all-boy, 400-student school in the low-income Boyle Heights neighborhood of Los Angeles. Although on the district’s payroll, the teacher fit in like any other staff member, building personal relationships with the students and collaborating with their teachers. 

    “She (the teacher) had her own classroom and was just a regular teacher as far as any of our kids knew,” he said. She would work with the lowest-performing students on basic reading comprehension skills. “If they were working on a tough piece of literature, she would help them break it down so that they could write an analytical paragraph or essay.”

    Pulling out students also reduced the class size for the remaining students, he said. Now, there is only enough money for a two-day-a-week coach from a contractor who sees at most a dozen students a week.

    “We’re serving kids who are significantly behind grade level and families that deal with poverty and all the things that come along with that,” Johnson said. “So this kind of antagonistic relationship that has developed (with the district) ultimately hurts kids.”

    The California Department of Education gave the district 60 days from its June 2021 ruling to consult with the archdiocese to fix deficiencies pointed out in the report and then recalibrate the proportional share of Title I funding for archdiocese schools. It ordered the district to begin providing the increased services for 2020-21, the next school year.

    Instead, the district appealed the decision to the U.S. Department of Education, which issued its own findings in November 2023. In his decision, Adam Schott, deputy assistant secretary for policy and programs, found that the district could justify reducing the eligibility count based on its analysis of parents’ forms. But by doing that, they cut the funding for the dozens of schools that the district did not audit. He credited the district with consulting with the archdiocese to an extent, but said the district’s overall approach in demanding documentation was “inconsistent and confusing.”

    Schott also ruled that the district violated federal regulations by claiming it didn’t have to share data with the archdiocese on how much it spent on Title I services for students and how much was unspent at the end of each year. 

    In December 2021, the archdiocese sued the district in Los Angeles Superior Court for ignoring multiple requests under the state Public Records Act to turn over Title I spending records and other relevant information. The court held off ruling until the complaint process played out.

    On July 16, Judge Curtis Kin ordered the district to turn over all relevant documents, emails and records to the archdiocese by Aug. 20 and to pay $82,141 to the diocese in attorneys’ fees.

    An appeal to Superintendent Carvalho

    Weeks after he started work as Los Angeles Unified superintendent in February 2022, Alberto Carvalho told EdSource he had familiarized himself with the case and added, “I’m going to resolve this issue sooner rather than later.” He declined to elaborate due to litigation.

    “What I can tell you,” he added, “is that we need more objective, transparent tools by which we assess and fund this guaranteed federal entitlement that’s driven by poverty.”

    Escala said he remains hopeful. “I believe that Superintendent Carvalho has the ability to direct his staff towards that outcome. I have a great degree of confidence that when brought to him, this can get adjudicated appropriately.”





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  • LAUSD settles lawsuit over federal money it unlawfully denied to Archdiocese schools

    LAUSD settles lawsuit over federal money it unlawfully denied to Archdiocese schools


    Isabel Dueñas teaches her transitional kindergarten students how to read at San Miguel Catholic School in the Watts neighborhood of Los Angeles.

    Credit: Archdiocese of Los Angeles

    The article was updated to include a statement that LAUSD Supt. Alberto Carvalho issued on Dec.23.

    Los Angeles Unified has settled a 3-year-old lawsuit with the Catholic Archdiocese of Los Angeles over how much federal Title I funding low-income students within the archdiocese are entitled to receive. The district agreed to pay the $3 million it improperly withheld from archdiocese schools and to comply with federal regulations requiring transparency and consultation with the archdiocese it had repeatedly violated.

    The agreement covered 2018-19 and 2019-20, when Los Angeles Unified (LAUSD) first changed the method of determining student eligibility for Title I and cut funding by more than 90%, from $9.5 million for the eligible 13,000 students in the archdiocese to $757,000.

    The LAUSD school trustees signed off on the agreement in a closed session Dec. 11 and did not publicly disclose details after announcing the vote. A district spokesperson declined comment before publication of the article. 

    But Paul Escala, superintendent of the Los Angeles Archdiocese schools, said the agreement sends a clear message. It “ensures that non-public school students who are eligible for these services will get them. While that may seem basic, when we’ve operated in an environment where that was not clear and was not being upheld, that is a win for kids,” he said.

    “This recognizes that kids who attend Catholic schools in urban Los Angeles, not only are they eligible for Title I services, but in fact suffer with poverty and needs just like their public school district peers,” he said.

    Since its passage in 1968, Congress extended Title I funding to poor students in private schools, including religious schools, to boost their chances for success. However, to avoid directly funding religious schools, Congress decided that districts in which private and religious schools are located should determine student eligibility and consult with the schools on which services, such as counseling, the students should receive.

    Districts have a menu of methods for determining Title I eligibility. The simplest and generally most advantageous for private schools is to use census data to determine the level of poverty in a neighborhood and calculate eligibility as the proportion of low-income students that attend a private school. It’s the method most large urban districts have used, Escala said, including LAUSD and Miami-Dade County Public Schools, where Alberto Carvalho was superintendent before becoming LAUSD superintendent in 2022. That approach also meets the spirit of Title I, he said.

    An incentive to deny Title I to private school kids

    Under Superintendent Austin Beutner’s incoming administration, the district changed the eligibility process for 2018-19 without prior notice to require schools to document family incomes through surveys or the number of income-eligible students registered for the federal subsidized meals programs. Along with requiring more time, paperwork and verification by the schools, the district changed the reporting rules several times in a short period and failed to engage the archdiocese about its decisions meaningfully, the California Department of Education wrote in 2021 in response to a formal complaint by the archdiocese. In addition to slashing funding, the district cut the schools served to fewer than two dozen out of 116 schools in the archdiocese. According to the California Department of Education, the district cut its total share allocated to private schools from 2% and 2.6% of $291 million to 0.5%.

    Districts have a financial incentive to minimize private schools’ Title I eligibility, since the federal government awards Title I funding to districts. After subtracting the amount going to private schools, a district gets to keep unallocated dollars for its own Title I students.

    “There’s a moral and ethical question on the table,” Escala said at the time. 

    In its 58-page report, the California Department of Education called the funding cuts “totally unreasonable.” Its report concluded that LAUSD “engaged in a pattern of arbitrary unilateral decisions,” including giving archdiocese schools 12 days during a summer break to produce income surveys for families and then removing all the schools that were unable to meet the deadline. It characterized the district’s approach as a “hide-the-ball approach (that) breached both the spirit and the letter” of the law.

    LAUSD appealed the ruling to the U.S. Department of Education, which largely affirmed the California department’s findings in a November 2023 ruling. It gave the district 60 days to consult with the district, as the Title I law required, and fix the inaccurate count of ineligible students. It gave the district 90 days to provide the services that it had denied.   

    The archdiocese returned to Los Angeles Superior Court in the spring of 2024 because, Escala said, the district dragged its feet and declined to hand over documents the archdiocese was entitled to.

    The turning point in the case came on July 16, 2024, when L.A. County Superior Court Judge Curtis Kim ordered the district to turn over all relevant documents, emails and records by Aug. 20 and to pay $82,141 to the diocese in attorneys’ fees.

    The documents confirmed what the archdiocese had assumed, said the archdiocese’s chief academic officer, Robert Tagorda. “For years they had insisted that they were following the law. We had suspicions that if you’re cutting us this much, it can’t be lawful. We had the documents to show we had far more low-income students than they had originally counted.”

    With revelations of public records, the archdiocese reached out to LAUSD to resume settlement talks. Within several weeks in November, there was a deal. The terms correspond to what the U.S. Department of Education had recommended, Tagorda said. LAUSD would recalculate how much was owed in 2018-19 and apply the corrections to 2019-20. It would disclose how the Title I obligation was calculated and confer with the archdiocese on the services to be provided. The archdiocese also will be able to pool Title I money so that it can direct it to the most intensive-needs schools — a practice that LAUSD had prohibited.

    The combined $3 million owed for the two years was far below what had been received the year before the district changed the eligibility method. But staff turnover in the district and the archdiocese, and incomplete records in some schools, undermined the claims, Tagorda acknowledged. The eligibility process in years since 2019-20, unaffected by the lawsuit, changed little. In 2023-24, the archdiocese received $2 million in Title I funding.

    Title I rules allow districts to annually change the process of determining eligibility. Escala said the archdiocese will continue to request that LAUSD return to the proportionality method that produced more funding; LAUSD, by law, must give the rationale each year for denying it.

    Escala acknowledged that the archdiocese could have chosen to litigate the case — and likely won. But the outcome would have potentially taken years and legal expenses that archdiocese schools don’t have. “We recognized that we could not afford another day, another year, another generation of students not having the ability to fairly access legally entitled services,” he said.

    Tagorda said the additional money from the settlement would be used for tutoring, after-school and summer programs, and academic counseling that schools have been requesting.

    In an interview with EdSource in March 2022, soon after becoming LAUSD superintendent, Carvalho said he had familiarized himself with the archdiocese lawsuit. “I’m going to resolve this issue sooner rather than later,” he said. “What I can tell you is that we need more objective, transparent tools by which we assess and fund this guaranteed federal entitlement that’s driven by poverty,” regardless of whether for a public or private school.

    It took nearly three years since then, after exhausting appeals and losing one ruling in Superior Court, for the district to resolve the case. Escala said he is optimistic it will be enforced.

    “When we came back to the table, it was clear that Carvalho took a personal interest to make sure we have the conditions on his side to get a settlement done. We have seen a change in approach by district staff. He is committed to abide by Title I regulations and consultation that is fair, I take him at this word,” said Escala.

    “In the course of these negotiations, trust and faith had to be rebuilt. I think that we’re in a far better place than we were six months ago.”

    On Dec. 23, a day after the article was published, Carvalho issued the following statement: “I am grateful for our partnership with the Archdiocese of Los Angeles. I look forward to the ways we can work together in the future and serve the students of Los Angeles. Thanks to Superintendent Paul Escala for his steadfast leadership over the Department of Catholic Schools.”





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