JUDGE TO HEAR LAUSD REFORM CASE RULING COULD COME TODAY ON DISTRICT SUIT CHALLENGING LAW.

Byline: NAUSH BOGHOSSIAN Staff Writer

A Los Angeles Superior Court judge will hear arguments today on the legality of legislation that would give the mayor substantial control over public schools -- a ruling that will have wide implications.

Saying the legislation violated state law, Los Angeles Unified filed a lawsuit against Assembly Bill 1381 soon after it was signed into law in September.

Mayor Antonio Villaraigosa stands to lose much of his political momentum if the judge does not OK the law, which among other things gives him complete control of three clusters of Los Angeles Unified's lowest performing schools.

If the law is upheld, the district faces the first major shake-up in its operating procedures in decades. School officials worry the law, which significantly changes the current roles of the superintendent and school board, could disrupt the district's massive, $19.2 billion school construction program.

Also, no matter how Judge Dzintra Janavs decides -- and her ruling could come as early as today -- both the district and the city are expected to appeal if the decision doesn't go their way.

After an appellate court decides the matter, it would have far-reaching consequences for other cities in the state that might follow Los Angeles' lead.

Janavs can approve some parts of the law and throw out other parts.

The mayor's chief counsel, Thomas Saenz, said that if the whole law were to go into effect Jan. 1, the only practical effect would be the transfer of authority from the board to the superintendent and the inspector general's enhanced role.

The real source of contention are the three clusters the mayor is seeking to directly oversee -- but even then, the timeline calls for the mayor to take over two of the clusters in July, Saenz said.

``The selection of clusters is in January ... but these things could occur with or without the legislation being in effect, and indeed some of that work is going on,'' Saenz said.

If the judge does not grant an injunction to stop the law's implementation, it will take effect on Jan. 1.

Both attorneys agree that the case does not involve complicated legal issues.

``Frankly, while we think the law is novel, the issues here are not breaking ground,'' LAUSD Chief Counsel Kevin Reed said.

Each side will have 45 minutes to argue its case before Janavs, who has more than 100 pages of arguments to consider.

The party that loses doesn't necessarily face an uphill challenge in appealing the decision, Saenz said. He said the appeals court essentially will hear the arguments from scratch and does not have to defer to Janavs' decision.

It's the decision and reasoning of the Court of Appeal that will be an important one for school districts statewide.

Saenz said the appeals court could rule that the law is fine the way it is, that it is unconstitutional but that a few changes in the legislation could get around it, or that ultimately the constitution would have to be amended.

naush.boghossian(at)dailynews.com

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