Wednesday, May 22, 2013

Hearing Dates (tentative)

Today our attorneys informed us that we have some tentative dates for hearings in the various litigation threads going on.  I like to think that these dates are "committed", but in the past these have moved at the last minute.  Still, I'll share what we know.

2013-14 BCS Prop 39 Case
We have tentatively agreed to a hearing date on June 20th, 2013.  This will focus only on the first of the two issues, the legality of providing non-contiguous facilities to BCS.  (See my earlier blog posts that detail this thread).  This would be for oral arguments in that case.

Raynor Case (LASD motion, + separate BCS complaint)
In the District's efforts to acquire a site for BCS, we also have a thread of litigation.  Today, our attorneys successfully argued to the judge that the BCS case needs to be consolidated and heard at the same time as our request for declaratory relief.  (BCS opposed the consolidation, but the judge agreed that these cases deal with the same facts, and can be consolidated.)  That case will take a bit more work to prepare, so that hearing is currently set for July 22, 2013.  Again older blog posts contain the details as well as the court filings so far.

I look forward to having these cases heard.  Hopefully we can focus on the core issues, and avoid some of the iterations that have plagued the 2012-13 cases.





Community Discussion at Blach

This evening we held a community discussion at Blach.  The goal of the meeting was to have a forum where parents of both BCS and Blach could come forward and ask questions related to the logistics of sharing the site.  I'm pleased to say that the event was well attended by parents from both schools.  We also had a couple of BCS Board Members join us, at least one of their teachers, and of course their principal.   We even had a member of the Los Altos City Council come join us. 

Many of the questions ocvered things we'd considered in the final offer, but there were also questions raised that we know we still need to hash out.  The "Final Offer" is a document that sapecifies the space BCS can use, but it doesn't address the practical realities of life on the ground.  Blach Principal Sandra McGonacle will be discussing many of those issue with BCS Principal Wanny Hersey this summer.

I believe that the discussion was productive- parents raised questions about the sharing of facilities, and how that all will work.  We continued a dialogue, and are working to establish a cooperative culture between the schools.  That's a win in my book.

Sunday, May 19, 2013

Scheduling a community meeting

Updated 5/20:  Due to a scheduling conflict (mentioned below), we've moved up the meeting by a day.  It will be held on May 22 @ 7pm at Blach.
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Some folks may be aware, LASD has tried to schedule a comunity meeting to discuss the sharing arrangements at Blach for next year.  The sharing arrangements are new at Blach, and we were concernd that there might be questions or confusion.  Attendees of the Board meetings in March and April probably recall a discussion amonngst the Board and administration about the clear value of having this type of discussion. 

This week we sent out notices for a proposed meeting on May 23rd.  However, BCS replied and let us know that May 23rd is also the night of the BCS Open House.  As soon as we became aware, we reached out to reschedule.  We hope to have that worked out quickly, and to hold this meeting before the end of school.  Ms. McGonagle will send an updated notice when we fix a date. 

The meeting is primarily directed towards parents who have students on this campus next year, but of course anyone will be welcome.  This will not be a "legal" discussion- we're not aiming to talk about how the offer was constructed, or why we did "this" or "that" in the Final Offer.  Rather, the focus will be on logistics and getting along.  I hope that we will have a constructive discussion.

So much for compromise (BCS 2013-14 Litigtion)

2013-14 BCS Complaint, Part I

To borrow a phrase, "so much for compromise". 

The BCS litigation for the 2013-14 school year makes a complete mockery of their $300,000 PR campaign this spring.  They widely touted their willingness to "compromise", and not close an LASD school.  This week, their new attorneys filed a motion for judgement for the first of two causes of action.  The crux of the filing is to claim that the LASD offer is not compliant with Prop 39 because it offers them space on two locations.  They're demanding a contiguous site.  Since we don't have an empty site, that can only mean one thing- closing a high-performing neighborhood school to hand it over to BCS.

The current filing does not ask the courts to rule on part II, their CEQA complaint.  They've reserved that for later.

It's worth noting that the BCS action on this will be led by John Lemmo of Procopio, Cory, Hargreaves, & Savitch, LLP.  How deeply involved Morrison & Forrester will be (and the impact of this change) remains to be seen. 

As is my custom, I'm not going to provide specific commentary on the legal aspects of the BCS argument.  The District will be filing a response in due course, and we'll be in front of the judge quickly.  I am trying to get some clarity on exact dates- I believe this might be in a courtroom in June.  I'll definitely keep folks posted.

Here are the documents.

Memorandum and Points (the actual argument)
Motion for Judgement
Declaration of John Lemmo  
Request for Judicial Notice
Proof of Service

Updated at 1:12pm - Having gotten through some additional emails, it appears that we will be in court on June 20 for this matter.  I'm looking forward to the chance to have the courts hear this issue. 

Thursday, May 16, 2013

Right On, Town Crier

There's a super editorial in the Town Crier this week.  I couldn't have said it better myself.