LAUSD REFORM MEASURE LIKELY FACES DAY IN COURT.

Byline: NAUSH BOGHOSSIAN Staff Writer

As Mayor Antonio Villaraigosa celebrated the victory of his legislation to reform the LAUSD and urged the district to work with him, school officials from Los Angeles and around the state vowed Wednesday to challenge the plan in court.

With provisions of Assembly Bill 1381 set to take effect Jan. 1, the mayor hopes to prevent any delays as he lays the groundwork for shifting power from the elected school board to the appointed superintendent and carving out a larger role for himself.

``I'm asking you to join our Los Angeles partnership,'' Villaraigosa said at a morning rally in South L.A. ``I'm asking you to reconsider your opposition to change. I'm asking you to come along with us on this historic journey.

``Let's show together what's possible when an entire community unites on behalf of its children. Let's join together in the classroom instead of joining battle in the courtroom. Let's respect the Legislature's mandate and the will of the people.''

District officials responded that they've always wanted to have a dialogue with the mayor, but have never found him receptive.

Superintendent Roy Romer and school board President Marlene Canter both said the board feels duty-bound to file suit to determine whether AB 1381 complies with provisions of the state constitution.

``We intend to cooperate in making this bill work, but we have to know if it's constitutional,'' Romer said. ``It would be a mistake to go down a path of implementation and halfway down the path realize it's unconstitutional.

``The battle is over in the Legislature. We simply need to know, is it legal or is it not?''

The school board has scheduled an executive session for Tuesday to discuss filing suit challenging the measure.

Romer also sent a letter Wednesday to LAUSD employees, saying the district will ask the courts to ``clarify'' the bill's constitutionality.

``Numerous stakeholders have requested that we seek this constitutional clarification immediately,'' he wrote.

The state legislative counsel, the city's legislative analyst and LAUSD attorneys all have questioned the constitutionality of the bill, especially whether it's legal to transfer authority over educational functions currently performed by a school district to the mayor of a charter city.

The mayor's chief legal counsel maintains that the legislation is airtight.

LAUSD chief counsel Kevin Reed said he's already heard from other groups saying they plan to challenge AB 1381, giving the district the option of joining with other plaintiffs.

``Organizations in the state independent of L.A. Unified are likely to file litigation,'' he said. ``If that litigation is going to be filed, we think L.A. Unified needs to be there. It's not that we're unwilling to cooperate with the mayor, but these are issues that really have to be resolved.''

The California School Boards Association, one of the powerful opponents to the legislation, believes there is little doubt the bill is unconstitutional.

``The state constitution is quite clear on the matter of school governance,'' said Scott P. Plotkin, executive director of CSBA, ``and we anticipate litigation will be forthcoming to prevent this wrong-headed, poorly drafted bill from becoming law.''

Reed said they are focusing on violations of the City Charter and the state constitution.

But he also questioned whether African-Americans would be underrepresented on the Council of Mayors, which will have the authority to hire and fire the superintendent.

Janelle Erickson, spokeswoman for the mayor, called the question ``divisive and inflammatory,'' saying there will be two African-Americans on the Council of Mayors while there is only one on the school board.

``The representation of all communities, including the African-American community, will increase under Mayor Villaraigosa's reforms,'' she said. ``It's disappointing that the district is obstructing reform by using faulty and divisive arguments.

``We need to work together as one city to turn our schools around to give our children the education they deserve.''

Former LAUSD Superintendent Ray Cortines, the mayor's recently appointed education deputy, said he and Villaraigosa hope to meet soon with the school board to begin planning the transition.

The mayor and his staff will also begin reviewing models for the three clusters of low-performing schools that the mayor will oversee.

The passage of AB 1381 was hard fought, with Villaraigosa and LAUSD officials traveling frequently to Sacramento in their efforts to sway legislators.

The bill was passed by the Senate late last week and by the Assembly late Tuesday -- both by narrow margins. Gov. Arnold Schwarzenegger has promised to sign the bill into law.

Villaraigosa was in the Capitol for the Assembly vote, but was back early Wednesday for the rally in South Los Angeles, where he pleaded for unity in changing the governance structure of the nation's second-largest school district.

The attempt at collaboration is key especially since the district is in the process of finding a successor for Romer, who has announced he plans to retire this fall.

Villaraigosa has warned the school board that he would fire a superintendent who did not share his vision for the school district.

While Villaraigosa underscored Wednesday that his efforts are backed by a coalition of supporters from the community, district officials questioned his claim that he had the ``will of the people.''

And the Valley Industry and Commerce Association, the only business organization to vocally oppose Assembly Bill 1381, continued to express skepticism that the bill will improve the quality of education and efficiency at LAUSD.

Its leaders reiterated Wednesday that they support reform, but disagreed with provisions of AB 1381.

``We are not opposed to mayoral control; we just don't think this bill goes far enough and what we may end up with is a more complicated system,'' VICA Chairman Bob Scott said.

``On the plus side, it should improve the political balance and may allow a handful of schools to be rescued. VICA will continue to push for additional reforms, many of which may complement the mayor's efforts.''

naush.boghossian(at)dailynews.com

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Legal questions:

Los Angeles Unified officials have raised the following concerns about the legality of Assembly Bill 1381:

The California Constitution separates the operation of public-school systems from other local governments.

In defining the mayor's powers and duties, the Los Angeles City Charter does not define a role in operating schools.

African-Americans might be disenfranchised because of their underrepresentation on the Council of Mayors.

CAPTION(S):

photo, box

Photo:

Mayor Antonio Villaraigosa is all smiles Wednesday at Animo South Los Angeles Charter High School in Los Angeles as he celebrates the passage of AB 1381.

Tina Burch/Staff Photographer

Box:

Legal questions (see text)