BACK TO SCHOOL VALLEY KIDS OFF TO A FRESH START AS CAMPUSES BUSTLE, LAUSD VOWS TO CHALLENGE MAYOR'S TAKEOVER.

Byline: NAUSH BOGHOSSIAN and HARRISON SHEPPARD Staff Writers

Nearly a half-million Los Angeles Unified students returned Tuesday from summer break, while district officials grappled with the impacts of Mayor Antonio Villaraigosa's education-reform package, ultimately opting to challenge the plan in court.

Superintendent Roy Romer -- whose retirement is imminent -- began the day as he has the previous six years, meeting with students at a few chosen schools as they flooded into their classrooms. Joined by other administrators, Romer also lauded the district's progress in opening seven new campuses -- including one in the San Fernando Valley -- and also touted the slate of reforms designed to raise student achievement.

But later in the day, school board members met behind closed doors, where they voted 6-1, with Villaraigosa supporter Monica Garcia voting no, to ``pursue legal clarification of the constitutional questions surrounding Assembly Bill 1381.''

The school board said it would pursue litigation if Gov. Arnold Schwarzenegger signs the bill into law as promised. Barring any legal action, the law would take effect Jan. 1.

``Serious questions have been raised regarding the constitutionality of a number of the provisions of AB 1381. It makes sense to avoid implementing changes that could later be declared unconstitutional,'' board President Marlene Canter said in a statement.

``As a number of interested parties have urged, we will ask the courts to review this measure and to determine the constitutionality of these provisions as quickly as possible.''

Canter said the PTA of Los Angeles, the Associated Administrators of Los Angeles and the California School Boards Association requested the action.

The Mayor's Office promptly denounced the intent to file suit, saying it would have been more productive if the two rival factions had worked together.

``It's unfortunate that the Los Angeles school board would choose to use taxpayer dollars on a lawsuit to obstruct reforming our public schools. On this first day back to school, our children and parents deserve more,'' said Janelle Erickson, the mayor's spokeswoman.

``They deserve a school board who will join with Mayor Villaraigosa and the coalition of reformers committed to turning our public schools around.''

Assembly Speaker Fabian Nunez, D-Los Angeles, who co-authored the legislation, called the suit a ``slap in the face'' to the Legislature and its work in crafting the bill and a waste of taxpayers' money to tie the legislation up in court.

``It does the children of L.A. Unified no good. The only thing it does is it exposes the school board as a self-serving entity,'' Nunez said.

As it would in any other suit filed to overturn state legislation, the Attorney General's Office will defend AB 1381.

Tom Dresslar, a spokesman for Attorney General Bill Lockyer, said defending the bill will not likely require the allocation of additional state funding.

The state legislative counsel, the city's legislative analyst and LAUSD attorneys all have questioned the constitutionality of the bill. Their main concern centers on the transfer of authority for educational functions from a school district to the mayor of a charter city.

AB 1381 would strip the school board of most of its authority, shift power to the superintendent and give the mayor a significant role in the district, overseeing three clusters of the district's lowest-performing schools.

The mayor would also have significant power on the Council of Mayors, which will include mayors from cities that send students to LAUSD, and will be responsible for hiring the superintendent.

Kevin Reed, the LAUSD's chief counsel, said the suit will focus on what district officials believe are violations of the City Charter and the state constitution. He also questioned whether African-Americans would be underrepresented on the Council of Mayors.

The mayor's chief legal counsel maintains that the legislation is airtight, a sentiment echoed by the bill's co-author, Sen. Gloria Romero, D-Los Angeles.

Romero said even though the state legislative counsel questioned the bill's constitutionality, she believes it will withstand legal scrutiny.

``This very premature action today illustrates and reinforces that they are going to try to uphold the old guard for as long as they can.''

But district officials emphasized that a lawsuit would not disrupt the education they deliver or discourage them from welcoming dialogue with the mayor.

The political turmoil had no effect on the district's massive $19.3 billion construction program, which continued to pay off in new schools, with seven opening Tuesday, including the Hesby Span School in Encino.

Hesby Span was built on the site of a shuttered elementary school and houses 320 students in kindergarten through sixth grade. Within two years, it will expand to a K-8 campus with 520 students.

``The thought of my kids going through middle school in one school is so exciting and the smallness of it was attractive to us,'' said Christine Whigham, the mother of a kindergartner and a fourth-grader at the school. ``I thought you couldn't get that unless you went to a private school.''

Principal Judi Mintz said while she's aware of what's going on politically in the district, her only goal is to create a strong academic program and to generate a lot of parent and community participation.

``We're trying to follow the district initiatives,'' Mintz said. ``I'm marching along with our new school, following the district mandates. We have a wonderful opportunity to do something tremendous here.''

naush.boghossian(at)dailynews.com

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4 photos

Photo:

(1 -- 2 -- color) As Rajvir Logani, 4, listens, left, mom Mariza Texeria helps her son Eric, 4, get settled in teacher Kelly MacDonald's class, right, Tuesday at the new Hesby Span School. Bottom, students walk to class on the new campus in Encino.

(3) Kindergartner Rajvir Logani, 4, wipes away a tear on his first day at school after his mother dropped him off for class at Hesby Span School in Encino.

(4) Cindi Marsten, left, and another mother of a kindergartner wave goodbye to their children on the first day of school Tuesday at Hesby Span School in Encino.

Tina Burch/Staff Photographer