A new Brown Act lawsuit gives the federal authorities already reviewing SFUSD one more misstep to examine

SAN FRANCISCO, CA / ACCESS Newswire / July 15, 2026 / The Friends of Lowell Foundation (FOLF), a 501(c)(3) nonprofit organization, has filed a verified petition for writ of mandate in San Francisco Superior Court (Case Number pending) challenging the San Francisco Board of Education's April 28 adoption of Voices: An Ethnic Studies Survey as the District's permanent ethnic studies curriculum.

The lawsuit seeks to set aside the Board's approval of the curriculum, declare the challenged expenditures unlawful, and obtain additional relief from the court.

FOLF is represented by James Sutton of Rutan & Tucker LLP, who previously represented the Foundation in successful Brown Act litigation challenging SFUSD's elimination of Lowell High School's merit-based admissions policy.

SFUSD requires every ninth-grade student to complete a two-semester ethnic studies course.

The curriculum was introduced as a pilot in July 2025 after SFUSD abandoned its prior in-house curriculum following public criticism from parents, community members, and Mayor Daniel Lurie. When the Board permanently adopted the new curriculum on April 28, Commissioner Supryia Ray cast the lone dissenting vote and stated she had been denied access to the complete curriculum before voting.

The lawsuit comes as SFUSD is already undergoing a U.S. Department of Justice civil rights compliance review examining the District's parental-notification practices.

The petition alleges three categories of legal violations:

Improper Brown Act notice. The permanent adoption of the curriculum appeared only under a broad history and social studies agenda item, while the purchasing contract was placed on the Board's consent calendar among routine administrative items. According to the petition, the public received no clear notice that the Board would permanently adopt the curriculum.

Commissioner Ray stated during the meeting that the agenda gave no notice "that would be apparent to a regular person," that it "looks too much like hiding the ball," and that there had been "no forum" for substantive public discussion of the curriculum or the District's two-semester mandate.

Denial of parents' right to review instructional materials. Before the vote, SFUSD refused to provide public access to the curriculum, citing publisher copyright. The petition alleges California law requires the District itself to make instructional materials available for public review regardless of copyright restrictions.

"Everyone needs to scrutinize this curriculum-and that did not happen here," said FOLF Secretary Frank Cheung. "Rather than restoring public trust, the District again chose to circumvent the laws designed to ensure transparency and accountability."

Unlawful use of restricted voter-approved funds. The petition alleges SFUSD paid for the curriculum using Public Education Enrichment Fund (PEEF) money, which San Francisco voters restricted to arts, music, sports, libraries, and other supplemental educational purposes. FOLF contends using those funds for required core curriculum violates the San Francisco Charter's supplement-not-supplant and maintenance-of-effort provisions and constitutes an unlawful expenditure of public funds.

Former Board President Lainie Motamedi has publicly alleged that District leadership characterized the required course as "an elective" during budget discussions. According to public reporting, she raised those concerns with SFUSD's general counsel before later resigning from the Board.

"This curriculum was rushed through without the transparency families deserve, and it was paid for with money San Francisco voters restricted for our children's enrichment," said FOLF board member Sarah Stettler. "The approximately $7.3 million spent on this curriculum could have funded one-on-one tutoring for students who are furthest behind."

About the Friends of Lowell Foundation

The Friends of Lowell Foundation is a 501(c)(3) nonprofit organization dedicated to preserving academic merit, educational excellence, and lawful, transparent governance in San Francisco public schools. Learn more at www.friendsoflowell.org.

Media Contact:
Christine A. Linnenbach, Esq.
President, Friends of Lowell Foundation
415.637.7171
christine@christinelinnenbach.com

SOURCE: Friends of Lowell Foundation