A state appeals court unanimously ruled Tuesday against a law designed to give Mayor Antonio Villaraigosa substantial personal control over the Los Angeles Unified School District.
The ruling by the three-judge panel of the 2nd District Court of Appeal is the second rejection of the law, which was passed by the state Legislature in September 2006.
The legislation would give Villaraigosa authority over three L.A. high schools and the middle and elementary schools that feed into them. It would also give the mayor the power to ratify or veto the hiring or firing of the district superintendent.
In its written opinion on the case, the appellate panel upheld a December ruling that said state lawmakers could not legally interfere in the matter. The justices added that the law violates the state constitution and the Los Angeles City Charter.
“The citizens of Los Angeles have the constitutional right to decide whether their school board is to be appointed or elected,” Justice H. Walter Croskey wrote in the opinion.
In a press release, LAUSD General Counsel Kevin Reed expressed no surprise at the ruling.
“From the beginning, we have known that this law was unconstitutional,” Reed said.
Villaraigosa, meanwhile, expressed a continued desire to reform the city’s education system.
“I have a simple message today: We are in the education reform business to stay,” Villaraigosa said in a statement Tuesday.
If the mayor decides to appeal this decision, the state Supreme Court will be able to decide whether to accept the case.
Eva Baker, a professor in the UCLA Graduate School of Education & Information Studies, said she thought there were alternatives to taking control of the school district that Villaraigosa could pursue.
“Rather than spend money in the courts, he should marshal the public to get behind giving kids something that counts other than test scores,” Baker said.
In a district statement, school board President Marlene Canter said the law should not be necessary for cooperation between LAUSD and the mayor’s office.
“I have said all along that we do not need legislation to create partnerships,” Canter said.
In light of the recent litigation, Villaraigosa may switch his focus to electing a new majority on the school board.
“I am going to continue to support candidates in the May elections who are champions of change,” Villaraigosa said.
Josh Kamensky, spokesperson for L.A. City Council President Eric Garcetti, said Garcetti will continue to support Villaraigosa’s policy on education.
“The council president has continually stood behind the mayor’s passion for education,” Kamensky said. He added that the City Council has unanimously endorsed Villaraigosa’s program.
With reports from Bruin wire services.