The Kern County Superior Court has denied a request for a preliminary injunction against the Bakersfield City School District to prevent the cancellation of the regular summer school program this year.
According to a May 14 ruling, Judge Eric Bradshaw said California Rural Legal Assistance, Greater Bakersfield Legal Assistance and the Lawyers’ Committee for Civil Rights did not show sufficient merit in the claim they filed on April 29.
The claim said BCSD violated legal requirements for revising its Local Control Accountability Plan because they made the decision without seeking input from stakeholder groups.
The court found that the organizations failed to show that the two students they represented in the lawsuit suffered harm or that the $1.6 million that had been set aside for summer school would not be used to provide better education for students.
The order ruled that BCSD had the discretion to revise its LCAP and that the district complied with the revision procedures of the state Education Code when they implemented its modified Summer Learning Program for this year.
“This preliminary ruling does not exonerate the district or in any way resolve the ultimate legal question of whether the BCSD followed the law when it cancelled summer school without first consulting with parents and parent advisory committees,” said GBLA Attorney Lyndsi Andreas. "Judge Bradshaw’s decision is not binding on him, and we are confident that when all the facts are before the court, we will prevail.”
The district's revised LCAP was approved by the Kern County Superintendent of Schools Office on May 16. Summer school sessions will be provided at four schools this year from June 3-28.
BCSD will also offer an extended summer learning program for special education and migrant students, as well as an agricultural summer academy at McKinley Elementary School.