Tuesday, June 4, 2013

LASD Brief - 2013-14 Suit

2013-14 Facilities Lawsuit

Yes, I understand the frustration- we're not even done with 2012-13, and we're already talking about the 2013-14 lawsuit.  Not much I can do about that...

LASD has filed our reply brief in the 2013-14 facilities dispute.  After LASD delivered our Final Offer for 2013-14, BCS accepted the offer and promptly turned around and filed a suit to challenge the offer.  They highlighted two lines of attack-
1) They've challenged the District's ability to split the BCS program across Egan and Blach
2) They've also challenged the CEQA process under which we have allocated space to their program

After some legal wrangling, we've agreed that the case will be heard on a somewhat expedited calendar.  The District remains very confident of the offer we've delivered, and the sooner the courts rule on this the better.  Part of the process to expedite is that BCS will argue their key area of concern (the split across two sites) now, and will hold back the CEQA argument for later.

As BCS has been compelled by the courts to provide documents in the litigation, they've asserted that much of it is "confidential" and cannot be shared with the public.  I'm not clear on the legal reasoning of positioning one's self as a public school but maintaining that much of your documentation is private.  However, rather than add yet another that legal battle to the docket, we've submitted the documents under seal.  If a member of the public comes forward to challenge the confidentiality of those documents, the court will rule on whether the docs should be released or not.

This hearing will take place on June 20 in Superior Court.  The public is always welcome to attend these hearings.

LASD Opposition to BCS Motion for Judgement
Cardozo Declaration (part 1 of 3)
Cardozo Declaration (part 2 of 3)
Sorry, Part 3 is under seal for the moment