LITIGATION
The Friends of Lowell Foundation was formed in February 2021 after the Board of Education approved Resolution 212-2A1. FOLF attorney and board member Christine A. Linnenbach set the litigation in motion and preserved the right of the Lowell community to file a legal challenge on March 9, 2021, when she sent a Cure and Correct letter to the Board of Education informing the SFUSD that the Board of Education’s action in passing Resolution 212-2A1 was unlawful. Had FOLF not acted and filed this letter, the Lowell community would not have been able to file the Brown Act challenge because the time would have expired to file a timely challenge.
The SFUSD ignored the FOLF’s March 2021 correspondence, and the FOLF legal team by April 2021 had drafted the required legal filing and challenge and then invited the Lowell Alumni Association, the San Francisco Taxpayers Association, and the Asian American Legal Foundation to join the litigation. Over the course of the next seven months, the Friends of Lowell Foundation and the legal team drafted and sent at least six unanswered Cure and Correct letters to the Board of Education demanding that the SFUSD reverse course. FOLF and LAA attorneys attended and testified at countless SFUSD hearings. The Board of Education would not relent. In November 2021, the San Francisco Superior Court granted the Friends of Lowell Foundation’s challenge.
The work of the legal team is extensive and voluminous, and the size of our legal documents is quite large. So that you can view all of the hard work of our legal team, we have included this link to the San Francisco Superior Court’s Web site, which lists all documents filed in our case, Friends of Lowell Foundation et al. vs. San Francisco Unified School District et al., Case No. CPF-21-517-445.
For your convenience, we have included Judge Ethan P. Schulman’s court order here: