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Oakland, state still fighting over schools

Oakland Tribune, Oct 21, 2005 by Alex Katz, STAFF WRITER

SAN FRANCISCO -- A lawsuit challenging the state takeover of the Oakland schools got its day in the state Court of Appeal in San Francisco on Thursday, almost a year after the case was dismissed by an Alameda County judge.

The suit, filed by Oakland school board member and attorney Dan Siegel, argues the state's 2003 takeover of the Oakland school system violated the voting rights of city residents.

"What I think is not appropriate ... is the notion that the state can do whatever it chooses" when it comes to taking control of districts with serious financial problems, Siegel told judges Thursday.

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In 2003, Oakland asked for the largest bailout of a school system in California history -- $100 million. The school board said it needed the money after the district accidentally spent tens of millions of dollars it did not have during a two-year period.

Legislators approved a law that gave Oakland a large bailout, but it also stripped the school board of its authority and made state Superintendent Jack O'Connell the legal boss of the Oakland schools.

O'Connell then fired Oakland's former superintendent, Dennis Chaconas, and appointed State Administrator Randolph Ward to run the district. The school board continued to meet, but only to advise Ward.

Siegel's lawsuit, filed at a time when he and others were in a heated political conflict with Ward over a plan to close certain schools, alleges the takeover violated the state constitution and Oakland's city charter, which gives citizens the right to choose their own school board members.

Plaintiffs include Chaconas, former school board member Paul Cobb, school custodians union President Morris Tatum and others.

In court Thursday, an attorney for the state Department of Education argued the state takeover law does not conflict with Oakland's city charter.

The charter gives voters the right to electschool board members, but it does not guarantee any actual powers for the board, said Amy Holloway, deputy general counsel for O'Connell's office.

According to California law, the state has the responsibility to bail out financially troubled school districts. The law also says the state can take over districts that request a bailout of a certain size.

About 15 years ago, Siegel was involved in a lawsuit on behalf of Richmond parents that eventually led to the law governing state bailouts and takeovers of school districts.

Oakland is one of three districts, including Vallejo and West Fresno, now operating under state control, a Department of Education official said.

The Court of Appeal is expected to issue a ruling on Siegel's case, but when that ruling will happen was anybody's guess Thursday. The court could send the case back to Alameda County for a trial. If the court rules against Siegel, he could appeal to the California Supreme Court.

"It seemed (judges) were skeptical of the arguments, frankly," Siegel said after the hearing.

Two Oakland teachers who have led several rowdy student protests against Ward showed up at the Thursday's hearing with a 14-year-old student from Edna Brewer Middle School. The teachers offered reporters interviews with the student, David Carter. David said he hopes the lawsuit will result in the state "giving back the school board's right to vote."

Asked how he got out of school for the morning, the soft-spoken David looked at one of the teachers and said, "I guess I'm on a field trip with him."

Contact staff writer Alex Katz at akatz@angnewspapers.com.

Oakland, state still fighting over schools

Oakland Tribune, Oct 21, 2005 by Alex Katz, STAFF WRITER

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