BCS Litigation Update - District Response

Today LASD filed our response to the latest litigation by BCS.  In the documents, we assert two key things:

1) The 2012-13 Prop 39 offer is legally compliant. 
2)  We may actually have been too generous, to the detriment of LASD students--particularly given the semi-private nature of BCS.

All of the district's filings are posted on the district website.


Whenever I've heard someone say "we look forward to the opportunity to face these allegations in court," I've always snickered.  Are they really "looking forward" to it?  In our case, I can say that I *am* looking forward to this.  I strongly believe that our facilities offer is compliant, so in that regard, I believe that the judge will not grant BCS's request to close an LASD school.  Moreover, the discussion of BCS's status as a public or private school is one that has been happening in our community for most of the last 8 years.  I look forward to guidance from the court about what impact that can have on any facilities discussion we have with BCS.

I would like to specifically thank the community members who have helped so much with this effort.  Some have provided declarations that give glimpses into what should otherwise be private matters (like a child's disability).  Others have done built a tremendous body of research, which in turn helped inform our legal arguments.  Others have helped in less obvious, but very important ways.  All of you have helped make our public schools stronger as we help our students (all of them!) develop their own passion for learning.  We are all indebted to those who have stepped up on behalf of the students.

For those following closely, BCS will have an opportunity to file one more set of papers (essentially a rebuttal to our arguments) in early August, and then we have a court date with Judge Lucas on August 15.  I, for one, really am looking forward to the opportunity to get clarity from the courts.

BCS 2012-13 Lawsuit

Over the past ~6 months, I've been pretty quiet on this blog.  As we worked through negotiations with BCS, I was trying very hard not to disrupt those negotiations, and to give the process the space it needed to work.  Sadly, as most of you know, those negotiations have proven unsuccessful.  BCS seems unwilling to accept the idea that the larger public needs to be involved in this process.  As an elected trustee, that simply isn't a position I can accept.

Yesterday BCS filed the court papers for their lawsuit contesting the 2012-13 facilities offer.  Ironically, they've made reference to "Groundhog Day"- the idea that the 2012-13 offer is the same as we've offered in the past, and asked the courts to rule that our offer is inadequate.  The only thing I see about this situation that references "Groundhog Day" is BCS's behavior.   It is BCS, not the District, who continues to drag this issue into court.  In this case, they've used the 2009-10 lawsuit as an umbrella to litigate the 2012-13 lawsuit.  It is very unfortunate for our community.  I can't reconcile the idea that BCS, formed because the District closed a high performing school, now seeks to close another high performing school to further their own goals at the expense of other students.

For obvious reasons, I'm not going to get into the District's legal position here.  Our court filings will make our position clear enough in due time.  Sufice it to say I'm deeply saddened by the current situation, but that I will not cast aside the needs of 4,500 LASD students to create a special preference for the 450 BCS students.

I have posted the BCS court filings here for those who are interested.


Motions and Proposed Oder
Notice of Motion and Motion to Compel
Motion to Compel
Proposed Order

Delcarations
A Eyering Decl.
D Spector Decl
A Gonzalez Decl
K Moore Decl
J Medlin Decl
W Heresey Decl

Bike to work day

Today is "Bike To Work Day" in the Bay Area.  The Bay Area Bicycle Coalition sponsors this day each year to encourage people to get out of their cars and take public transport or bike to work.  This morning, I rode from my home in Los Altos up to my office in Belmont.  It's a great way to start the day.

In 1969, nearly half of all kids (48%) walked or biked to school.  In 2009, only 13% managed to do this.  (Source: US Department of Transportation) We all know the concerns with children and exercise.  Riding to school is just one more way for kids to stay active.

I'd like to acknowledge all of our staff that regularly ride to work.  Folks like Jim Thurber, Curtis Schnieder, and others set a strong positive example for our kids when they arrive by bicycle.  Thanks!

Big news

For the very few among you who haven't read it somewhere else first, LASD and BCS announced a tentative deal at our board meetings last night. This marks an historic moment for us, in that we are moving closer and closer to a long term facilities agreement that will allow both groups to focus their energies where they belong- on the kids.

There is still substantial work to be done, and we heard from the Egan community tonight about their concerns. I expect to hear from other schools as we conduct outreach to discuss the deal also. We still have to negotiate the details with BCS, and the clock is still ticking. We need to complete this quickly. However, for the time being, I'm very pleased that we have reached at least this point in the discussion.

We also received some news about the possible success of a bond measure. The experts tell us that there is education and outreach to be done. However, they also pointed out that 64% of the respondents indicated they would support a bond over the course of the survey. It wasnt all perfect, but there is room for us to engage the community in a dialogue about what we would like to do and to try to build the support we need for passage. We will need to figure out how to translate that into more concrete action moving forward.

I would like to express my thanks to the members of both the LASD and BCS negotiating teams. We have a lot of ground to cover, but I believe we are on a good path.

BCS Impact at Egan (PTA letter)

I've spent a lot of time over the past several months speaking with leaders from BCS about their needs, and what they'd like to get from the district to run their program.  As we have those discussions, I think it's also important to understand that there are impacts on both sides of the ledger for any request.  Any request for "more access" from one side means "less access" for another group.

The Board recently received a letter from the Egan PTA, expressing their concerns about an increased sharing arrangement with BCS.  They've asked for a number of accomodations to help lessen the impact on the Egan program from the increased (and ever growing) footprint of BCS on the Egan campus. 

I know that some of these items have already been discussed (in point of fact, some of them were in motion several months ago).  The Board hasn't discussed every single item in the letter, and I'm not committing one way or the other right now.  I'm simply sharing this letter so that folks are aware of the concerns of the Egan PTA leadership.  Full letter is here.