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Watchdog Seeks New Civil‑Rights Probe of LAUSD Black Student Program After Hot‑Mic Remarks

An education watchdog group, Defending Education, has filed a new complaint with the U.S. Education Department’s Office for Civil Rights alleging that the Los Angeles Unified School District (LAUSD) continues to run its Black Student Achievement Plan (BSAP) as a race‑based program despite telling federal officials it had shifted to race‑neutral criteria. LAUSD launched BSAP in 2021 to address longstanding gaps in outcomes for Black students and has allocated about $175 million to it to date, including $50 million budgeted for the 2025–26 school year, with resources such as dedicated staff reportedly aimed specifically at Black students’ academic and social‑emotional needs. OCR dismissed an earlier Title VI and Equal Protection complaint on July 11, 2024, after LAUSD represented that BSAP resources would be available to all students regardless of race and allocation would be race‑neutral. Defending Education now cites an October 22, 2024 board meeting in which, during protests over alleged changes to BSAP, board president Jackie Goldberg was caught on a hot mic asking Superintendent Alberto Carvalho, "Do they not know that nothing has changed?" and Carvalho replied, "Nothing has changed," which the group calls an admission that the district misled the federal government. The new complaint asks OCR to reopen the case and examine whether LAUSD is operating an effectively segregated, race‑exclusive program in violation of Title VI, a dispute that could shape how far districts nationwide can go with targeted racial‑equity initiatives after recent court rulings on affirmative action and DEI.

DEI and Race K–12 Education Policy Civil Rights Enforcement

📌 Key Facts

  • LAUSD’s Black Student Achievement Plan was created in 2021 to address disparities for Black students and is described by the district as using a 'race-based tiered system' for resource allocation.
  • Defending Education says LAUSD has allocated $50 million for BSAP in the 2025–26 school year, after already spending about $125 million, for a total around $175 million.
  • OCR dismissed a July 11, 2023 complaint on July 11, 2024 based on LAUSD’s assurance that BSAP had moved to race‑neutral criteria and would serve all students, but an October 22, 2024 hot‑mic exchange between board president Jackie Goldberg and Superintendent Alberto Carvalho included both saying 'nothing has changed' about the program.
  • Defending Education’s new complaint argues that the hot‑mic remarks show LAUSD knowingly misrepresented its practices to federal officials and is still operating race‑exclusive services for Black students in violation of Title VI and the Fourteenth Amendment.

📊 Relevant Data

In the Los Angeles Unified School District, Black students comprise approximately 7% of the total student population.

Questions About LAUSD's Black Student Achievement Program — Westside Education Empowerment Project

In LAUSD, only 36% of Black students meet or exceed standards in English, compared to 41% of Hispanic students, 69% of White students, and 80% of Asian students; in math, 25% of Black students meet or exceed standards, compared to 30% of Hispanic students, 60% of White students, and 74% of Asian students.

How LAUSD's Black Student Achievement Plan has persevered despite controversy — LA Public Press

Student achievement gaps in schools are mainly driven by school poverty levels rather than the racial composition of the student body.

School poverty—not racial composition—limits educational opportunity, according to new research at Stanford — Stanford Graduate School of Education

In Los Angeles County public schools, which include LAUSD, the student demographic breakdown is approximately 7.1% Black, 65.7% Hispanic/Latino, 10.8% White, 7.9% Asian, 2.2% Filipino, and smaller percentages for other groups.

Public School Enrollment, by Race/Ethnicity — Kidsdata.org

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