Lawsuit against SMMUSD calls for free classroom materials

A pending class action lawsuit against SMMUSD by two Santa Monica parents, Gina de Baca and Vivian Mahl, will come to a head on March 3 at the Stanley Mosk Courthouse in Downtown Los Angeles. The lawsuit alleges that some teachers in local public schools are requiring pupils to purchase their own materials, which would violate the California Constitution that stipulates that public school is free for all. Kevin Shenkman, the lawyer for the plaintiffs, argues that this lack of compliance discriminates against low-income families. Once the trial is underway, he intends to request that the court require the district to provide all necessary school materials and refund affected families. According to Shenkman, this could cost tens of millions of dollars. Mark Bresee will be the lead attorney for the district in their objection to the charges.District spokeswoman Gail Pinsker replied to the allegations, stating that SMMUSD teachers often ask students to supply materials that the state or district does not provide funding for and that the teachers usually have plans to accommodate those who are financially unable. However, teachers are informed that they can only suggest materials to be purchased. A 2010 settlement between the American Civil Liberties Union and the state of California established that parents can challenge required fees through a 30-day complaint process and receive reimbursement should the fees be concluded illegal by auditors. Seven SMMUSD parents, in a letter to the editor of the Santa Monica Daily Press, have spoken out, condemning the actions being taken by the plaintiffs and Shenkman. They question why the plaintiffs are not using the fee complaint process and why co-plaintiffs and longtime Pico Neighborhood Association board members Oscar de la Torre and Maria Loya are supporting, rather than mediating, a lawsuit against their own school district. Furthermore, they accuse Shenkman of indirectly pulling funds out of classrooms since taxpayers will inadvertently foot the bill. Shenkman is also working closely with de la Torre and Loya as the lead attorney in a litigation against the city, claiming its election system discriminates against minorities.As of Feb. 4 Shenkman had requested for contact information of every family in the school district in order to call on parents for documents from teachers stating required materials.Pinsker holds that the plaintiffs have been unable to produce any such documents.