Mendoza v. State

• Decision Date: 17 April 2007
• Docket Number: No. B195835.,B195835.
• Citation: 149 Cal.App.4th 1034,57 Cal.Rptr.3d 505
• Court: California Court of Appeals Court of Appeals
• Parties: Rosa MENDOZA et al., Plaintiffs and Respondents, v. STATE of California et al., Defendants and Appellants; Los Angeles Parents Union et al., Intervenors and Appellants.

57 Cal.Rptr.3d 505

149 Cal.App.4th 1034

Rosa MENDOZA et al., Plaintiffs and Respondents, v. STATE of California et al., Defendants and Appellants;

Los Angeles Parents Union et al., Intervenors and Appellants.

No. B195835.

Court of Appeal, Second District, Division 3.

April 17, 2007.

Edmund G. Brown, Jr., Attorney General, Stacy Boulware Eurie and Paul H. Dobson, Assistant Attorneys General, Christopher E. Krueger, Gregory M. Cribbs and Susan K. Leach, Deputy Attorneys General for Defendants and Appellants Arnold Schwarzenegger, as Governor of the State of California, John Chiang, as Controller, and State Board of Education.

Rockard J. Delgadillo, City Attorney, Valerie L. Flores, Heather E. Davis and Harit U. Trivedi for Defendant and Appellant Antonio Villaraigosa, as Mayor of the City of Los Angeles.

Munger, Tolles & Olson, Vilma S. Martinez, Bradley S. Phillips, Daniel P. Collins and Paul J. Watford, Los Angeles, for Intervenors and Appellants.

Los Angeles Unified School District, Kevin S. Reed, Los Angeles, Donald L. Davis and Georgina C. Verdugo for Plaintiff and Respondent Los Angeles Unified School District.

Olson, Hagel & Fishburn, Deborah B. Caplan, N. Eugene Hill, Lance H. Olson, Sacramento, Erin V. Peth; Strumwasser & Woocher, Fredrich D. Woocher, Michael Strumwasser, Santa Monica; Milbank, Tweed, Hadley & McCloy, Gregory Evans, Alisa Schlesinger, Patricia J. Quilizapa and Paul M. Torres, Los Angeles, for Plaintiffs and Respondents (Other than AALA and Diane Watson).

Parker & Covert and Henry R. Kraft, Tustin, for Plaintiff and Respondent AALA.

Diane E. Watson, in pro. per., for Plaintiff and Respondent.

CROSKEY, J.

Mayors in certain large cities around the country have been granted control of the school districts in those cities. Antonio Villaraigosa, the Mayor of the City of Los Angeles (the Mayor), sought similar control over the Los Angeles Unified School District (LAUSD) through state legislation. The California Constitution grants to the voters within the LAUSD the right to determine whether their board of education is to be elected or appointed. Therefore, the Legislature could not simply enact a statute granting the Mayor authority to appoint the members of the LAUSD Board of Education (the Board). Moreover, the California Constitution also prohibits the transfer of authority over any part of the school system to entities outside of the public school system. Therefore, "the Legislature could not simply enact a statute transferring control over the LAUSD to the Mayor. The Legislature attempted to avoid these prohibitions with the enactment of Assembly Bill 1381 (2005-2006 Reg. Sess.), known as the "Romero Act."

At issue in this appeal is the constitutionality of the Romero Act. At the heart of that statute are two main provisions: (1) the transfer of substantial power from the Board to the LAUSD District Superintendent (the District Superintendent), and the grant to the Mayor of authority to ratify the appointment of the District Superintendent; and (2) the transfer of complete control of three low-performing High Schools (and their feeder schools) from the Board to a partnership led by the Mayor.

We conclude that the Romero Act is an unconstitutional attempt to do indirectly what the Legislature is prohibited from doing directly. The Legislature cannot overrule the LAUSD's voters' determination that their Board is to be elected rather than appointed, nor may it transfer authority over part of the school system to entities outside of the public school system. We will therefore affirm the trial court's issuance of a writ of mandate preventing the enforcement of the Romero Act.

FACTUAL AND PROCEDURAL BACKGROUND

1. Controlling Constitutional and Related Education Code Provisions

Our discussion of the factual background of this case, as well as the political processes which led to the enactment of the Romero Act, is best understood in the context of the overall scheme of constitutional and statutory provisions establishing and governing the educational system in California.

The controlling constitutional provisions are found in article IX of the California Constitution. Section 1 provides that "the Legislature shall encourage by all suitable means" the promotion of education. The Constitution provides for three different types of agencies to govern education in California: state, county, and district.

At the statewide level, the Constitution provides for the election of a statewide Superintendent of Public Instruction. (Cal. Const., art. IX, § 2.) The Constitution also provides for a State Board of Education, and requires that the Legislature to provide for its election or appointment. (Cal. Const., art. IX, § 7.)

At the county level, there is to be a county superintendent of schools and county board of education. (Cal. Const., art. IX, §§ 3, 7.) A county's charter may provide for an elected county board of education (Cal. Const., art. IX, § 3.3); in the absence of such a provision, the Legislature is to provide whether the county board of education is elected or appointed (Cal. Const., art. IX, § 7). The Constitution leaves it to the voters of each county to determine whether the superintendent of schools is to be elected by the voters or appointed by the county board of education (Cal. Const., art. IX, § 3).

At the district level, the state is to be organized, by the Legislature, into school districts. "The Legislature shall have power, by general law, to provide for the incorporation and organization of school districts, high school districts, and community college districts, of every kind and class, and may classify such districts." (Cal. Const., art. IX, § 14.) The Constitution references the "governing boards" of school districts without specifically defining them. (Ibid.) The gap is filled by the Education Code, which provides that "[e]very school district shall be under the control of a board of school trustees or a board of education." (Ed.Code, § 35010, subd. (a).) The Constitution permits charter cities to establish, in their charters, "for the manner in which, the times at which, and the terms for which the members of boards of education shall be elected or appointed, for their qualifications, compensation and removal, and for the number which shall constitute any one of such boards."¹ (Cal. Const, art. IX, § 16.) Therefore, the board of education provided for in a city charter is the "governing board" of the relevant school district. The Legislature has provided that the governing board of any school district² may "employ" a district superintendent. (Ed.Code, § 35026.) The Legislature has imposed certain record keeping and reporting duties on the governing boards of school districts (Ed.Code, § 35250); the governing board is permitted to delegate any of these duties to the district superintendent (Ed.Code, § 35026). Governing boards of larger school districts ³ may also appoint a director of school building planning, to be responsible "for the coordination of the building program of the district." (Ed. Code, § 35045.)

Under the Constitution, the public schools themselves exist at the district level and are governed by the school districts. Section 5 of article IX provides, "The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year...." (Cal. Const., art. IX, § 5.) "The Public School System shall include all kindergarten schools, elementary schools, secondary schools, technical schools, and State colleges, established in accordance with law and, in addition, the school districts and the other agencies authorized to maintain them. No school or college or any other part of the Public School System shall be, directly or indirectly, transferred from the Public School System or placed under the jurisdiction of any authority other than one included within the Public School System." (Cal. Const., art. IX, § 6.) Section 8 of article IX confirms that "[n]o public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools...." (Italics added.)

"The Legislature may authorize the governing boards of all school districts to initiate and carry on any programs, activities, or to otherwise act in any manner which is not in conflict with the laws and purposes for which school districts are established."⁴ (Cal. Const, art. IX, § 14.) The Legislature has done so. Education Code section 35160 provides, "On and after January 1, 1976, the governing board of any school district may initiate and carry on any program, activity, or may otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established."

2. The LAUSD and the Battle for Its Control

The LAUSD is the largest school district in California. It is divided into eight local districts that cover 28 municipalities and multiple unincorporated areas. It has 858 K-12 schools serving 727,000 students, and an additional 150,000 pre-K and adult students. The District's total budget is in excess of $13 billion per year. At least 80% of the students in LAUSD come from economically disadvantaged families; 43% of LAUSD students are English-Language Learners.

Los Angeles is a charter city. Section 801 of the Los Angeles City Charter provides for an elected board of education, containing seven members. In 2000, the Board hired a new superintendent, who centralized the district and implemented various reforms. The new programs have generated some positive results. Elementary school student achievement on state assessments has improved since 2000; however, middle and high school students have not improved their test scores. While overall student performance data for LAUSD is not impressive,...