Families in the San Jose Unified School District filed a legal complaint against the district over its proposed closure of five elementary schools, arguing the closures would disproportionately impact minority and low-income students.
Earlier this month, a special committee recommended the district close Canoas, Empire Gardens, Gardner, Lowell and Terrell elementary schools, as well as relocate the Hammer Montessori magnet program at Galarza to Gardner Elementary. The committee had previously considered closing as many as nine campuses before the next school year.
The district’s board of education is expected to vote on the closures Thursday night.
On Wednesday, at least 18 community members filed a formal Uniform Complaint Procedures (UCP) complaint, which is a written statement alleging discrimination, harassment or violation of a federal or state law or regulation, over the plan.
“This process has been discriminatory in its impact, misleading in how it’s been presented to families and procedurally deficient,” David Friedlander, a parent at the Hammer Montessori magnet school and the primary complainant, said Wednesday at a press conference held outside Canoas Elementary School.
San Jose Unified School District did not immediately respond to a request for comment.
In California, the accused district is tasked with investigating the complaint and has 60 days to report its findings. But complainants can file an appeal with the California Department of Education, depending on the district’s determination.
The families’ complaint alleges that the district’s closure process violates state and federal anti-discrimination protections, as the closure would disproportionately displace English language learners, minority, low-income and special education students.
The complaint alleges that the five schools listed for closure serve student populations that are 75-93% minority students, while low-income, homeless and foster youth would be displaced under the proposed closures 1.5 times more than their peers.
The families’ complaint also alleged the process did not adequately include community input or an equity impact analysis on the displacement of students.
The district has said it needs to close campuses and consolidate schools in response to a 20% decline in enrollment since 2017 — a loss of roughly 6,000 students.
San Jose Unified isn’t alone — dozens of Bay Area school districts have announced layoffs, budget cuts or school closures this year to repair gaping budget deficits and address years of student enrollment declines.
Currently, some San Jose Unified elementary schools have combined grades into a single class to address shrinking student bodies. The district has said the “ideal” elementary school should be able to offer three classes per grade.
Beginning in September, the “Schools of Tomorrow” initiative focused on evaluating the San Jose district’s elementary schools — including their total enrollment, staffing, school climate, programs and instruction — to determine which schools to close or consolidate before the next school year.
But families have fought against the closures since the plan was announced last month, arguing it would hurt students’ academic and social well-being, disproportionately affect Black and Latino students and risk students’ safety by requiring dangerous transportation routes.
Parents have repeatedly threatened legal action if the district did not delay a decision to close the schools, including threats to pursue a taxpayer injunction to freeze more than $1.2 billion in facilities bond measure funds approved by voters in Nov. 2024.
“Research shows that school closures disproportionately harm low-income students and English learners: the very population Gardner serves,” said Crystal Kirk, a parent at Gardner Elementary.
Kirk said neighborhood schools function as “community anchors,” increasing community stability, supporting local small businesses, strengthening property values and serving as gathering hubs.
“Even if you don’t have a child at one of our San Jose Unified elementary schools, this decision affects you,” Kirk said. “This is about the future of our neighborhoods.”
The complaint requests that the district rescind any action taken by the board Thursday, conduct a new community engagement and equity analysis process, review any future closure proposal with a racial and ethnic impact finding, conduct meaningful community engagement and explore alternatives to school closures.
Parents said Wednesday they intend to pursue additional legal options if the board approves school closures this week.
The district’s Board of Education will meet at the district office at 6:00 p.m. Thursday located at 855 Lenzen Avenue.