LAUSD REFORM: IT'S LAW NEXT COMES DISTRICT'S SUIT AND PICKING NEW SUPERINTENDENT.

Byline: NAUSH BOGHOSSIAN Staff Writer

Hours after Gov. Arnold Schwarzenegger signed a bill Monday giving the mayor of Los Angeles authority to govern public schools, Antonio Villaraigosa fired off a letter to the school board asking for ``modified'' use of his new powers until the law takes effect.

The sweeping education-reform bill -- which wrests full control of the 712,000-student district from the Los Angeles Unified School District board and its superintendent -- is expected to be challenged in court before it is due to become law on Jan. 1, 2007.

But Villaraigosa wasted no time in asserting his authority on one of the most important decisions facing the district: Who will be its next superintendent?

In a letter to school board President Marlene Canter, Villaraigosa asked the school board to let him -- and the mayors of other cities served by L.A. Unified -- play a key role in choosing a successor for Superintendent Roy Romer.

Romer, a former governor of Colorado who has run the district since 2000, has said he will retire this fall.

Villaraigosa requested a list of candidates' names, and asked that the board consider his feedback on the candidates before settling on the group of finalists to be interviewed by the board.

``I believe that the partnership created under AB 1381 (the reform bill) will be strongest if we can come together in the selection of a district superintendent before the legislation takes formal effect,'' Villaraigosa wrote.

Meeting today

The school board will likely discuss the letter in a closed session meeting today.

School board President Marlene Canter could not be reached for comment, but said earlier Monday that she had had her first substantive meeting with Villaraigosa on Sept. 6 about the legislation and the superintendent search. She said she informed him that she was not authorized as a school board member to offer him a role.

``I said I would bring it to the board for further discussion and I was hopeful we'd find a way for us to work together,'' Canter said, noting, however, that the law doesn't take effect until January and that the school district must select a replacement soon.

The board hopes to announce a replacement in late October and Villaraigosa has already said he would try to fire any superintendent he did not OK.

The mayor's letter to Canter, which was assertive yet conciliatory, followed the culmination of a yearlong battle between the mayor and the school district. Changes to the governance structure of L.A. Unified, the nation's second-largest school district, were signed into law at the Los Angeles Central Library.

Assembly Bill 1381 shifts a large amount of the school board's authority to the superintendent and gives the mayor a significant role in the district's operations by giving him control over three of the lowest-performing high schools and their feeder elementary and middle schools.

``With this bill, schools with the biggest problems can get the most attention and direct oversight by the mayor, so he can focus on what counts -- moving test scores up and dropout rates down,'' Schwarzenegger said.

The mayor spent months touting his plan as the only way to increase accountability, break down the bureaucracy and shake up a ``failing'' school system, which has suffered from state standardized test scores that lag behind the state and dropout rates estimated between 24 percent and more than 50 percent.

Villaraigosa urged school leaders to ``accept the Legislature's mandate'' and ``respect the will of the people.''

``Let's replace the specter of litigation with a new spirit of cooperation. Let's join together in recruiting and hiring a dynamic new leader for our schools -- a superintendent with the courage and commitment to lead fundamental reform,'' he said.

But, with the bill signed into law, the fight effectively shifted from the Legislature to the courtroom, with LAUSD officials saying they are prepared to file suit ``as soon as possible'' challenging the bill's constitutionality.

LAUSD officials maintain that while they welcome forming a partnership, they are obligated to file a lawsuit to determine the legality of the law. If they implement it now, they risk discovering later that it is unconstitutional.

LAUSD Chief Counsel Kevin Reed said the state would defend the district in the suit, as well as possible co-plaintiffs including the California School Boards Association, the district's two PTA groups and the Associated Administrators of Los Angeles.

Quick ruling?

They hope that a court will determine the law's constitutionality within two months -- and before the bill is scheduled to take effect Jan. 1.

``We're working diligently to get the litigation on file soon,'' Reed said. ``It's not just the school district trying to block something.''

Both sides said Monday that they looked forward to working together to see how they would implement the governance change, but their actions belied their pronouncements.

Romer and the school board were not invited to the signing ceremony -- except for board member and Villaraigosa ally Monica Garcia.

And in addition to an imminent lawsuit, the district blocked the signing ceremony from taking place at a district school when they found out it was being scheduled for Roosevelt High.

Romer said he wanted to work on creating a team of city and school officials to work on making sure the six years of growth on standardized tests did not reverse.

``I think the construction program will go on as scheduled. With regard to increasing scores and improving instruction, I think (AB) 1381 hasn't focused on how to improve instruction in the classroom,'' he said. ``We ought to get together as soon as possible on the details and get started on the collaboration.''

naush.boghossian(at)dailynews.com

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WHAT DOES AB 1381 DO?

Gives the mayor a significant role in Los Angeles Unified.

Shifts most authority -- including hiring and awarding construction contracts -- from the school board to the superintendent.

Leaves the board to focus on educational issues and policy.

Gives local school sites greater control over budget, instruction and curriculum.

L.A. Unified's response:

The school district will file a lawsuit to block the law from taking effect on Jan. 1, 2007.

The mayor's next move:

Determine which three of the lowest-performing high schools and feeder elementary and middle schools he will directly oversee.

CAPTION(S):

photo, box

Photo:

(color) Los Angeles Mayor Antonio Villaraigosa holds up AB 1381 after Gov. Arnold Schwarzenegger signed it into law at the Los Angeles Central Library.

John McCoy/Staff Photographer

Box:

WHAT DOES AB 1381 DO? (see text)