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Parents file class-action lawsuit against San Diego County school districts over virtual learning

Lawsuit demands districts provide tutoring and psychological help for students who fell behind during the pandemic

SAN DIEGO COUNTY, Calif. — Nearly two dozen parents are suing several San Diego County school districts for not providing an adequate education during the pandemic and for failing to offer any follow-up for those students who fell behind academically or psychologically due to virtual learning. 

In the proposed class action lawsuit, 20 parents filed suit against five districts which include San Diego Unified, Grossmont Union High School, Chula Vista Elementary, La Mesa-Spring Valley School District, and Sweetwater Union.

Helix Charter High School, which is part of the Grossmont district, is also named.

In the complaint, parents say the districts didn't keep up with state requirements

 "to provide their students with a minimum amount of hours of online class per week, the same standards on distance learning provided to underprivileged students, and a certain amount of in-person instruction."

Adds the complaint, "[Parents] allege the districts failed to provide these services to its students, which has caused actual and significant harm."

Los Angeles-based attorney Marc Levine is one of the attorneys representing the parents. Levine tells CBS 8 that "during the Covid-19 related school closures, children were too often ignored by the public schools that were required to educate them.  We are hopeful that, as a result of this action, these children will be given an opportunity to reverse the excessive learning loss they have experienced.”

Levine says the districts need to take accountability and provide resources to those students who are still struggling both academically and emotionally. 

Clinical psychologist and teacher trainer Dr. Eve Goldstein agrees. 

Goldstein says the pandemic presented an unprecedented challenge for school districts, teachers, as well as students. Goldstein says she is beginning to see the toll that it had on the latter.

"I’m definitely seeing a big delay in students' education. Many are not up to educational standards for their grade levels. This isn't to say every child is experiencing this, but I’m seeing it in some of the children who have been coming into my practice."

Goldstein says students aren't just struggling academically, but mentally and emotionally as well.

"One in five students we saw were experiencing some sort of mental issue whereas post-pandemic, that number has grown to one in three students," says Goldstein. "This is a global problem. Children are feeling a sense of loneliness and sadness and anxiety and struggling with school. We’re seeing it across behavioral issues, anxiety, and depression. It actually became known as post-COVID stress."

Goldstein also acknowledges the struggles that school districts across the country are having with teacher shortages as well as with a lack of psychologists inside schools to help with post-COVID stress.

"The teachers are feeling a lot of pressure to try and bridge those gaps and bring them up to that grade level so it’s on both sides, not just the family side but it’s also the educator side."

A federal judge will rule on whether to certify the class action lawsuit. If that is done, then more parents can join the class and additional districts can be named. 

That decision is expected in the coming months. 

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