The interesting relationship between the ACLU and San Diego Unified School District

It's strange that the ACLU left SDUSD out of its lawsuit regarding school fees. I have often wondered if ACLU attorney David Blair-Loy has compromised the ACLU's basic principles in his eagerness to get along with school attorneys. I think Blair-Loy has worked harder to get his "civility" award from the San Diego Bar Association than to defend the Constitution of the United States.


See all posts re David Blair-Loy.

San Diego Unified Not a Defendant in School Fee Suit
September 10, 2010
by Emily Alpert
Voice of San Diego

While schools in San Diego Unified School District have repeatedly gotten in trouble for charging fees for school activities and supplies, the American Civil Liberties Union ultimately decided not to name the district in its lawsuit against the state of California.

The suit, which accuses the state of failing to protect the right to a free public education, mentions school districts across the state that charge for classes. David Blair-Loy, legal director for the local chapter of the American Civil Liberties Union, said unlike others, San Diego Unified has taken significant steps to solve the problem, such as posting information about the law on the school district website.

None of the districts cited in the lawsuit are actually defendants; the ACLU is suing California itself. Blair-Loy said that while schools should not charge illegal fees, the bigger problem is that California has failed to adequately fund schools.

"We know they're getting starved by the state. We sympathize with their dilemma," Blair-Loy said. "The problem would be unlikely to arise if districts were adequately funded to begin with."

Sally Smith, a mother who repeatedly raised the issue of school fees, charging that the practice was illegal, says despite its efforts, San Diego Unified has still failed to explain the law to all parents. Many families lack computer access and need explanations in languages other than English.

School district attorney Mark Bresee said while San Diego Unified is not planning to mail out information about school fees and the law to all parents, the district has provided sample language for schools to use in their own parent newsletters and other communications with families.

"We don't view not being named in the (ACLU) complaint as some sort of vindication," Bresee said. "We had issues in San Diego. We still have issues in San Diego. And we've been working harder than any school district I know of to remedy them."

Here's the letter the ACLU wrote to Bresee explaining why the school district was not named in the lawsuit.