Dec. 21, 2009: UTLA files lawsuit on school giveaways

Ed Code states that schools can’t convert to charters without majority teacher approval.

On December 21, 2009, UTLA filed a lawsuit that challenges a part of LAUSD’s implementation of the Public School Choice Resolution. The lawsuit asserts that LAUSD is not complying with the State Education Code, which requires majority permanent teacher approval before a school can be converted to a charter.

Attorneys for UTLA will file the petition on behalf of UTLA and a group of Garfield High teachers and parents who are slated to move to Esteban Torres High, a new school to be opened next year to relieve overcrowding at Garfield. Teachers who will move to new sites from other similarly impacted schools, including 28th Street, Foshay, and Pio Pico, will also join the suit. The lawsuit focuses on new schools because LAUSD has already acknowledged that it must follow state ed code for existing schools.

Education Code Section 47605 (a) (2) requires that a public school charter conversion—whether involving a partial or total conversion of an existing school—can be accomplished only if a petition is signed by 50% of the permanent status teachers at the school to be converted.

“We support positive school change, driven by teachers, parents, and other stakeholders at the school sites, but we will stand up against violations of the law and our members’ rights,” UTLA President A.J. Duffy says. “Effective school reform can’t begin by breaking the law.”

With key deadlines fast approaching, UTLA will seek a court decision before any final decisions are made on the Public School Choice applications. Applications to run the schools up for bid are due in January, and the School Board is scheduled to make selections in February.

UTLA could not file the lawsuit until after LAUSD established the parameters for the school choice process. UTLA continues to explore other legal avenues, including filing a grievance under Article 11 of the UTLA-LAUSD contract, which governs how teachers are transferred to new schools from their current sites.