Los Angeles school officials have locked in $100 million a year for a controversial program for black students — despite an ongoing federal civil-rights investigation into whether it illegally favors students based on race.

The Los Angeles Unified School District Board of Education approved a resolution Tuesday to preserve $100 million in annual funding for its Black Student Achievement Plan (BSAP) for both the 2027-28 and 2028-29 school years, shielding the program from deeper cuts as the district grapples with a multibillion-dollar budget deficit.

The decision comes as the US Department of Education’s Office for Civil Rights probes allegations that the program discriminates against non-black students by directing resources and services based on race.

The federal investigation was reopened in April after the conservative education advocacy group Defending Education challenged whether the LAUSD had actually removed race-based criteria from the program, despite the district previously telling federal officials it had done so. 

The resolution provides $100 million annually for the program over the next two school years, above the previously proposed $75 million in 2027-28 and no funding the following school year.

The changes come as the district faces projected budget shortfalls of $1.3 billion in 2027-28 and $3.6 billion the following year.

Sarah Parshall Perry, vice president and senior legal fellow at Defending Education, blasted the board’s decision, arguing the district was protecting a race-based program while making cuts elsewhere.

“For a district that pleaded poverty all year, and approved a plan cutting thousands of jobs, LAUSD still managed to unearth nine figures a year for a program with a racial classification in its name,” Perry told the California Post.

She argued that the district’s broader financial plan strips $500 million from schools serving the highest-need students, while preserving funding for black students.

Perry said federal civil rights law does not allow taxpayer-funded educational programs to allocate staff, services or money based on students’ race, regardless of the district’s stated intentions.

She pointed to a 2023 Supreme Court ruling that struck down the use of race-conscious admissions policies at Harvard and the University of North Carolina, arguing its principles should apply to the LAUSD.

Defending Education initially filed a civil rights complaint against the LAUSD in July 2023. Federal officials closed their original investigation in July 2024 after the district said it had shifted to race-neutral criteria.

But the group subsequently challenged whether those changes were genuine, citing remarks allegedly made during a hot-mic conversation between then-board President Jackie Goldberg and Superintendent Alberto Carvalho in October 2024 during which they agreed “nothing has changed.”

Perry said her organization asked the Office for Civil Rights to reopen the matter on March 25, 2026, and was notified April 23 that the investigation would resume. It also sent federal officials another letter in September urging them to continue examining the program.

“A board vote to lock in $100 million a year while under active federal investigation is not the behavior of a district that believes it has nothing to fear,” Perry said. “Either LAUSD misled the federal government or it is misleading its own community members, but both cannot be true.”

The Department of Education confirmed to the Post that the investigation remains in place.

“ED’s investigation into LAUSD is ongoing and this administration will fight to ensure that no student is ever denied opportunity based on their race,” a department spokesperson said.

Supporters of the program say its targeted approach is necessary to address longstanding educational disparities and that its benefits extend beyond black students.

Tyrone Howard, an associate professor at UCLA and supporter of the program, welcomed the board’s decision, saying the program had made progress but still had work to do.

“I am pleased to see that LAUSD is still committed to BSAP. The challenges affecting Black students have improved, but there is still much more work to do,” Howard told The California Post.

He also pushed back against accusations that the program discriminates against other racial groups, saying its professional development and school-based resources have benefited students across the district.

“The LAUSD is approximately 90% Students of Color, so a focus based on race is not discriminatory, but mindful of subgroups that are historically overlooked and underserved,” Howard said. “The Civil Rights investigations I think are off-based, misguided, and underlying racist because of the failure to recognize the role that racism has played in disparate experiences and outcomes.”

LAUSD Superintendent Andrés E. Chait said the district remained committed to making responsible financial decisions while protecting educational opportunities and essential student services.

The district did not respond to the Post’s request for comment on the federal investigation.

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