Los Angeles Unified is still trying to hold the Black Student Achievement Plan in place while federal civil rights officials take another look at whether the program hands out help by race. The Office for Civil Rights reopened that question in the spring. An open file is not a finding.
The Los Angeles Times reported that Defending Education filed a second complaint in March 2026, and that OCR would investigate whether BSAP provides services based on race and excludes students of other races. The office's caution, quoted by the Times, is the part worth underlining: "opening an investigation does not mean that OCR has made a final determination with regard to the merits."
A File They Already Closed
This is round two. OCR dismissed Defending Education's first complaint in 2024 after LAUSD revised the program to be accessible to students "regardless of race, color, and national origin," the Times reported. The district has said BSAP "is open to any interested student" and aligns with state and federal law and district nondiscrimination policy.
On July 11, 2024, LAUSD told OCR the program chose schools using test scores, school-climate surveys and absences rather than race, according to Defending Education. The New York Post reported that the group first complained in July 2023, asked OCR on March 25, 2026, to reopen the case, and was told on April 23 that the investigation would resume. A September letter urged officials to keep examining the plan. The Education Department, the Post reported, has confirmed the investigation remains ongoing.
The same Post account described an October 2024 hot-mic conversation in which Jackie Goldberg and Alberto Carvalho were reported to have said that nothing had changed. That is a reported remark, not a public transcript. It sits next to a district file that says the selection rules did change.
Retiree Health Money, Student Program
The budget math is less tidy than a single preserved line. LAUSD's June 16, 2026, stabilization plan projected unrestricted General Fund gaps of $1.3 billion in 2027-28 and nearly $3.6 billion the following year, the Los Angeles Daily News reported. The Post reported that the district had proposed $75 million for BSAP in 2027-28 and no BSAP funding in 2028-29.
Then the board moved. On June 16, the board approved the stabilization plan, maintaining $100 million in annual BSAP funding for each of 2027-28 and 2028-29. A separate amendment authorized $175 million from the retiree health benefits trust to preserve the plan in 2028-29. Nearly $3.6 billion in projected red ink the year after next, and one of the preserved programs was being steadied with money set aside for retiree health care.
On Nov. 11, Los Angeles Magazine reported that LAUSD announced a resolution to amend the fiscal stabilization plan "to preserve stability in supervision and the Black Student Achievement Plan." LAist has described BSAP as a $125 million fund distributed primarily to schools that serve higher numbers of Black students. A California School Boards Association blog has described the district's allocation as $120 million. Where the dollars land and which budget measure each figure covers are different questions from the criteria LAUSD gave OCR.
Faster Gains, a Gap That Remains
Preliminary district data showed Black students' Smarter Balanced scores improving faster than the districtwide average in the past academic year, EdSource reported. Faster is not the same as caught up. In English language arts, 37% of Black students scored proficient or advanced, compared with 48.3% of students districtwide. In math, 27.6% hit that mark, compared with 39.7% overall.
Students have also been asked what the program feels like from the inside. A 2023 survey of 2,300 students across more than 100 schools, cited by the CSBA blog, found that 87% of Black students said they benefited from BSAP. In that same survey, 67% said they were receiving more support because of BSAP resources.
The Argument, Still Unresolved
Sarah Parshall Perry, vice president and senior legal fellow at Defending Education, told the New York Post that federal civil rights law does not allow taxpayer-funded educational programs to allocate staff, services or money based on students' race. She also said the district's broader financial plan strips $500 million from schools serving the highest-need students while preserving funding for Black students. That $500 million figure is her characterization, not a finding in the budget reports above.
Tyrone Howard, a UCLA associate professor and BSAP supporter, told the Post the program had made progress and still had work to do. He said its professional development and school-based resources have benefited students across the district. The Post also reported that LAUSD is approximately 90% students of color. Superintendent Andrés E. Chait said the district remained committed to responsible financial decisions while protecting educational opportunities and essential student services.
A Department of Education spokesperson told the Post the department will fight to ensure no student is denied opportunity based on race. LAUSD did not respond to the Post's request for comment on the investigation. The practical horizon is already on the books: partial BSAP money in 2027-28, retiree-trust dollars aimed at 2028-29, and a federal case that, as of this week, still has no ruling.
