LAUSD CONTRACT VOTE MAY BE ILLEGAL POLANCO'S LOBBYING EFFORTS CHALLENGED.

Byline: Sonia Giordani Staff Writer

Los Angeles Unified officials asked the district's inspector general on Wednesday to probe allegations that state Sen. Richard Polanco violated state law by meeting with school board members to lobby for a contract for a software company.

After an angry exchange between Polanco and Superintendent Roy Romer on Tuesday night, the board voted 4-3 in favor of a $6.3 million contract with Washington-based Reality Based Learning, an educational software company.

But the validity of the board's vote was thrown into question when Polanco, D-Los Angeles, mentioned during the debate that he had met with each school board member. He said he was ``counting votes'' in support of the company's adult literacy education program.

``It would appear from what the senator has said that there may be a violation of the Brown Act,'' said Richard Sheehan, special counsel to the board.

``It appears that there was a serial meeting being conducted with the intent toward a particular motion. And if that's the case, we could have a serious problem here.''

The Brown Act is the state law laying out procedures to ensure that agencies conduct proper public hearings and don't make policy decisions behind closed doors.

``I've asked the inspector general to look into it,'' LAUSD General Counsel Hal Kwalwasser said Wednesday. ``I think it's likely the district attorney will look at it.''

Polanco dismissed the district's allegation as merely an attempt by Romer - who has staunchly opposed the Reality Based Learning program - to further delay implementation of a legally mandated adult literacy program and to deflect criticism for inappropriately using funds earmarked for such a program.

``It's a bogus argument and they know it,'' said Polanco, who maintains he has no financial interest in the company but is pushing for it because more than 55,000 adult English learners stand to gain.

He said the voters in 1998 approved, as part of Proposition 227, that $50 million be used specifically to assist adults in learning English as a second language so they can then tutor their children. But the LAUSD has used a portion of that money to implement literacy programs for children.

Elizabeth Cortez, principal deputy county counsel, said state senators are certainly not exempt from the law. But she said a violation largely depends on whether board members themselves deliberated behind closed doors as a result of a lobbyist's inquiries.

If a violation is found, she said, the board's vote could be nullified.

The inspector general's investigation follows a public hearing that erupted in political fireworks rarely seen in a local school district's board room.

Romer accused Polanco of inappropriately using his political power to strong-arm a board majority into adopting a program he and his staff reviewed and determined not to meet district criteria. ``For you to bring in a letter in support of this resolution ... to mandate this superintendent to buy that product for $6.3 million is inappropriate behavior. Now I just have to call it for what I see it,'' Romer said.

Polanco struck back, saying Romer - the former Colorado governor and Democratic National Committee chairman - ought to get used to being challenged by elected officials looking out for their constituents.

``You may not be used to, Mr. Superintendent, having elected officials come to school board or city councils,'' Polanco said. ``Get used to it. Because we have an obligation just like you and everyone on the school board to ensure public dollars are utilized appropriately.''

Romer said Wednesday that he is most concerned by the precedent set by the vote - that if vendors don't succeed in winning over the superintendent's staff, they can simply go around it and get the board to approve it with the help of a state senator.

``Any legislator has the right to come in and advocate a policy position,'' Romer said. ``But I believe there is a distinction between doing that and coming in fronting for or advocating for a particular contract. When you have that kind of legislative power, it's improper.''

Board members said they were surprised by the exchange.

``It was like an HBO special. Why pay money for cable when you could just come to the school board meeting?'' said board member David Tokofsky.

``Anyway, there's no question that the adult ESL program has a large number of students and that our program needs some turbocharging.''

Santiago Jackson, assistant superintendent of the LAUSD's adult education division, agreed the district could use a computer-based literacy program for adults but didn't agree that spending $6 million for this program was the way to go.

``If we had that kind of money, we could develop that kind of material internally,'' said Jackson, who said he first learned of the program through Bill Chavez, a lobbyist representing the LAUSD who formerly worked with Reality Based Learning.

But Genethia Hudley Hayes, who put forward the motion to adopt the contract, said the LAUSD has been doing a poor job of implementing adult literacy programs. She said this program utilizes ``realistic images and grown-up voices'' that are more credible to adult learners than cartoons.

But board President Caprice Young, like board members Marlene Canter and Mike Lansing, said she opposed the process used by Hayes and the board majority to adopt the contract. She also questioned the validity of the Reality Based Learning program, which remains a children's program that has never been used to teach adults.

``I'm fundamentally opposed to the process of board members putting forward contracts directly,'' Young said. ``Board members should raise policy issues. For instance, a board member could have said we're not doing enough parent education, and the superintendent then could have looked at how we could do that more effectively.''

But Hayes and Tokofsky said Romer had opportunities to look for other programs in the past and didn't bring alternatives back.

Ultimately, Hayes, Tokofsky and board members Jose Huizar and Julie Korenstein voted for the contract.