For Immediate Release

The National Center for Youth Law (NCYL) and three other legal organizations filed an amicus brief late Wednesday in the Ninth Circuit that urges the court to affirm dismissal of a lawsuit that challenges a California school district’s inclusive academic support program.

The amicus brief supports defendants in Californians For Equal Rights (CFER) v. Fresno Unified School District. The case concerns Fresno Unified School District’s accelerated academic support initiative, which was formerly known as the African American Academic Acceleration (A4) program before being renamed to Advancing Academic Acceleration & Achievement. The initiative, which is open to all students regardless of race, provides students, families, and educators with resources that help improve academic outcomes and close achievement gaps. 

Although nearly 8,000 students across racial and ethnic backgrounds were served by the program during the 2023-24 school year, its legality was challenged by CFER, which incorrectly alleged the program targets only African American students. CFER’s lawsuit was initially dismissed on standing due to CFER failing to allege that its members’ children experienced any actual injuries. The suit appears to be part of a coordinated attempt to undermine inclusive and racially equitable programs that support underserved student groups that are struggling in school.

The brief was submitted by NCYL, The Equal Justice Society, Public Advocates, and California Rural Legal Assistance, Inc. It emphasizes the importance of inclusive, voluntary academic support programs, like the one offered by Fresno Unified, in helping to address longstanding inequities in educational opportunity. Importantly, these programs don’t restrict access based on race and therefore cannot be challenged on equal protection grounds absent any showing that students were discriminated against and suffered actual injuries.

None of the children of CFER’s members ever applied to or were rejected by the program. Their claimed injuries challenging the design and marketing of the program rest on speculative and generalized grievances that do not meet constitutional standing requirements.

“Allowing this case to proceed could put at risk a wide range of inclusive, nondiscriminatory academic programs that schools rely on to support student success,” reads a portion of the filing, which warns that such challenges could undermine efforts to close achievement gaps and expand student opportunity as required under federal law.

NCYL and its pro bono partners from Hanson Bridgett LLP co-authored the brief.

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The National Center for Youth Law centers youth through research, community collaboration, impact litigation, and policy advocacy that fundamentally transforms our nation’s approach to education, health, immigration, foster care, and youth justice. Our vision is a world in which every child thrives and has a full and fair opportunity to achieve the future they envision for themselves.