`BIG DAY' FOR ANTONIO GOVERNOR EXPECTED TO SIGN LAUSD BILL.

Byline: HARRISON SHEPPARD Sacramento Bureau

SACRAMENTO -- Mayor Antonio Villaraigosa squeezed out a tough victory for his school-takeover plan Tuesday, pushing it through the Legislature in dramatic fashion after months of hard lobbying and heated exchanges with Los Angeles Unified officials.

The bill now heads to Gov. Arnold Schwarzenegger, who shortly after the final Assembly vote repeated his pledge to sign it into law.

``This was a big day,'' a jubilant Villaraigosa said moments after the vote. ``This was a long and hard road from the very beginning. I can tell you that I always knew this would be a tough battle. But the real work begins (now).''

The mayor's proposal to establish partial control over the hiring of a superintendent and directly oversee the lowest-performing schools could take effect Jan. 1, 2007, although expected lawsuits could tie it up for months or years.

Los Angeles Unified School District board President Marlene Canter said she will likely convene a closed session of the board Thursday to discuss the possibility of the district filing a lawsuit to overturn the measure. Opinions from the state legislative counsel among others have called elements of the bill unconstitutional.

``I think if it's deemed unconstitutional and illegal, I think we should pursue that (a lawsuit),'' Canter said. ``I think that's just logical. We'll be talking together as a board on Thursday about that.''

LAUSD Superintendent Roy Romer, who defended the district against scathing attacks from Villaraigosa for more than a year, said he was disappointed with the vote.

``Today's vote was a disappointing display of politics triumphing over good public policy,'' Romer said in a statement.

The Assembly vote came after a suspenseful day in which the mayor had to struggle until the very last minute to corral enough votes his way.

After both sides had their say on the Assembly floor early Tuesday evening, the initial vote came in at 30 votes in favor, 21 opposed and 28 members not casting votes. That left the mayor 11 short of the simple majority he needed.

The bill was then put on call, meaning the voting roll was left open, while the mayor and opposing school district officials dove into a last-minute lobbying frenzy.

Both sides met with any legislators they could round up in the hallways and offices near the chambers. Some members simply had not been in the room when the votes were cast, while others, such as Assemblyman Lloyd Levine, D-Van Nuys, had some nagging concerns.

Levine said he was undecided until the last minute and was off the Assembly floor talking directly to the mayor when the initial vote occurred. He said Villaraigosa answered his questions to his satisfaction and that he decided to support the bill. He and other members denied asking for any political favors in return for the vote.

Finally about two hours later, the vote was reopened, and the number of yes votes at first hovered for a full minute or two around 35 -- making it seem as if the bill would fall short -- before finally passing the 41 threshold.

The final tally was listed as 44-22, with 13 failing to cast votes. The majority of support came from Democrats, although a few members from both sides of the aisle crossed party lines.

Shortly after that final vote, the mayor emerged from the Assembly chambers and threw up his arms as he exited, a wide grin on his face. He hugged the bill's co-authors, Assembly Speaker Fabian Nunez, D-Los Angeles and state Sen. Gloria Romero, D-Los Angeles, and then exuberantly greeted a small group of cheering parents. He is expected back in Los Angeles today.

District officials who opposed the bill argued that mayoral control would not improve student achievement and that the mayor had misled the public in citing statistics showing the district was failing students. They said the district had been improving academic achievement in recent years and that the mayor's proposal would stop that progress.

Some Republican opponents suggested that the mayor's proposal increased bureaucracy, and that a breakup of the LAUSD into smaller districts was a better approach.

``This bill is not the way to do it,'' said Assemblyman Keith Richman, R-Northridge. ``It makes the situation go from bad to worse. It sets up a Rube Goldberg type of system.''

He said the question of who is ultimately in charge of the district would be blurred with the addition of a Council of Mayors as an additional layer of authority.

Schwarzenegger praised the vote.

``The students of LAUSD are winners thanks to the Legislature's actions today,'' Schwarzenegger said in a written statement. ``Mayor Villaraigosa stepped up with bold leadership to help our children achieve their dreams.''

Earlier in the day, the Assembly Education Committee passed the measure 7-2, after committee Chairwoman Jackie Goldberg, D-Los Angeles, recused herself, confirming rumors that she is a candidate for Los Angeles Unified superintendent.

Goldberg, considered a key player in the highly politicized battle, expressed mixed feelings about the measure -- criticizing many of its provisions, but acknowledging she liked the idea of the mayor having a greater role in the schools.

She said she was disappointed that Villaraigosa did not try to work in collaboration with the school board on his proposal. She also thought it would set a bad precedent allowing other mayors to ask Sacramento for similar control over their schools. She also said she was ``worried'' about giving the superintendent sole authority for approving billions of dollars in contracts without school board oversight.

harrison.sheppard(at)dailynews.com

[phone]

What does AB 1381 do, and what happens next?

The following are frequently asked questions about Assembly Bill 1381 -- Mayor Antonio Villaraigosa's proposed legislation

to take over the LAUSD.

Question: Will there be a legal challenge to AB 1381?

Answer: Los Angeles Unified has been consulting with a Sacramento law firm since June about the constitutionality of the legislation. Superintendent Roy Romer has said that the school board would have to formally direct him to pursue a legal challenge.

Q: When will the legislation take effect?

A: Provisions of Assembly Bill 1381 will take effect on Jan. 1, 2007. If there is a legal challenge, the law will likely remain in effect unless the plaintiff obtains an injunction from the court.

Q: How will the legislation take effect?

A: The most immediate effect will be a shift of power from the school board to the superintendent. A Council of Mayors representing the mayors of all cities in Los Angeles Unified, as well as the five members of the Los Angeles County Board of Supervisors, will be created in January.

Q: Will the legislation affect the 2006-07 school year?

A: With the formation of the Council of Mayors on Jan. 1, provisions including school safety, school siting, joint-use projects and after-school programs could potentially be in place by June 2007.

Q: Will the three clusters of the LAUSD's lowest-performing schools be created in the 2006-07 school year?

A: The first two clusters will be selected in early 2007, with governance changes taking effect in the 2007-08 school year. The third cluster would go into effect in 2008-09.

Q: Will there be massive staff reductions at LAUSD headquarters?

A: With the superintendent having more authority, particularly in hiring senior staff, some changes could be made in early 2007. The biggest opportunity for staffing changes would come next spring, during the development of the fiscal 2007-08 budget.

Q: How will low-performing schools change under the mayor's direction?

A: The Mayor's Office wants to increase the parents' role in their children's education and to improve their relationship with teachers and administrators. It also wants to create small learning communities, as well as more after-school and remedial programs.

Source: Los Angeles Mayor's Office

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Photo:

(color) Mayor Antonio Villaraigosa celebrates victory with state Sen. Gloria Romero and Assembly Speaker Fabian Nunez.

Rich Pedroncelli/Associated Press

Box:

What does AB 1381 do, and what happens next? (see text)