Editorials

Landmark ACLU suit over education begins

Bay City News
Tuesday October 31, 2000

A lawsuit filed by civil rights groups against the state got under way today, charging that California schools are plagued by filthy facilities, outdated textbooks and uncredentialed teachers. 

San Francisco Superior Court Judge Peter J. Busch decided on two motions today. First, he declined to appoint an independent evaluator to survey schools and determine such things as the availability of textbooks in California classrooms.  

He further decided to take under submission the state's demurrer, or request for dismissal, which would determine whether the case can proceed or not. 

“It does not seem that the case turns on cleaning the underbrush or figuring out which of the alleged problems are actually there,” Busch told the court. “But rather on whether the existing standards and mechanisms to address them are constitutionally adequate.” 

Busch, however, indicated the case had basis, saying, “Discovery can go forward. There is a case here that can survive the demur stage.” 

The complaint alleges that the state reneged on its constitutional obligation to provide the bare essentials necessary for education and charges that officials violated state requirements that equal access to public education be provided without regard to race, color or national origin. 

Specifically, it charges that low-income and non-white students are being denied the basic necessities required to get an education because they are in schools with substandard conditions such as unqualified teachers, no textbooks even for core courses, not enough classrooms or rotting classrooms with mold, leaks or vermin. 

The complaint cites 46 schools that lack bare minimum necessities of education in Southern and Northern California. They include Balboa High School, Luther Burbank Middle School and Bryant Elementary School in San Francisco; Fremont High School in Oakland; and Watsonville High School in Watsonville. Busch questioned the direction of the lawsuit, saying it is not clear whether it is aimed at the state’s oversight or supervision role regarding strategy to make sure it carries out its functions in an appropriate way, or whether it is aimed at asking the state to correct the specific conditions outlined in the suit. 

Plaintiff’s attorney Mark Rosenbaum tried to address the judge’s concern, saying the obligation of the state is to establish a system of accountability. 

“What's missing is a plan of accountability to identify and  

implement remedies and ensure basic conditions are provided,” he said. 

John Daum, attorney representing the state, said, “It cannot be disputed that the state has some ultimate responsibility for  

education.” 

But Daum said if the case, as the plaintiffs assert, is about the absence of standards, it must be determined what the standards are before litigation commences. 

“What should the state have employed that it didn't? What did the state fail to do that the constitution required it to do?” he asked the court. 

Daum said the state, like any large organization, does have a system to address concerns and manage its responsibilities in the form of its Uniform Complaint Procedure, and it is unfair to assume the state would not have fixed the problems once they were highlighted.  

He said, however, that the process of correction stopped because the plaintiffs withdrew their administrative complaints. 

Rosenbaum retorted by saying the real question is why doesn’t the state – on its own – monitor, school conditions and remedy them. 

Busch said the issue is not one of blame, but rather what in the system “broke down,” noting that he will come to his final conclusion as quickly as he can and let both sides know when it is time for a status conference.  

Meanwhile, Michael Jacobs, a plantiff's attorney with Morrison & Foerster, said outside court that his side will move ahead by hiring its own surveyor. He said he hopes the state will answer the questions put to them and is looking forward to getting a trial date.  

“Judge Busch is trying to sort out the complexities of the state’s role in education,” Jacobs said. “We are pleased with his questions.”