D.C. Superior Court ruling ends efforts to force voter referendum on school takeover
A ruling by the D.C. Superior Court has apparently ended efforts by a community activist to force Mayor Adrian Fenty to submit his schools takeover plan to a voter referendum. "We have to resign to the fact that the judge just told us [the mayor] will do that," says Mary Spencer, who was seeking the voter referendum. "But that doesn't mean we're loving it." The court agreed with city attorneys and reversed an opinion by the D.C. Board of Elections and Ethics that stated part of Mayor Fenty's plan is not a proper subject for a referendum because President Bush has already signed it into law. The court stated: "What is acted upon by Congress cannot be approved or rejected by" a referendum. "The wish of the electorate to tell the world its opinion ... is not properly the purpose of the referendum process." It also ruled that the elections board had the right to reverse its original decision that the takeover was the proper subject for a referendum and refused to order the board to issue signature petitions to referendum supporters. However, the court did not rule on whether the board had violated D.C. law by not reversing its opinion at a public meeting but said elections officials made their stance clear in public court documents. "The change of decision in this case was made in a reasonable time," said the court. "I find that the delay here was not unreasonable even in light of the need for haste in the referendum process." It agreed with city officials that a section of Mr. Fenty's takeover legislation presented to the D.C. Council that would amend the city's home rule statutes upon congressional approval was "legislatively accomplished" when President Bush signed a similar bill approved by the U.S. Congress authorizing the charter changes. Mrs. Spencer's attorney, Matthew Watson, had argued that the congressional bill and council bill were separate from each other.
He also said a referendum approved by voters would essentially retain the D.C. Board of Education as the authority over the school system and have no effect on the congressional legislation. The court rejected the argument, finding the referendum would not just "undo the takeover," but would give the mayor budgetary control of the system without placing anyone in actual authority over the schools. In the court’s opinion such a scenario "would be utter chaos." Mr. Watson acknowledged that there are no plans to appeal the decision. The mayor already has taken steps to transition authority from the board to his office. He has announced that two consulting firms will during the next several months review the school system's finances and operations to identify waste and inefficiencies.
Washington Times
By Gary Emerling
[Full story]
[Editor’s Note: For background, see the first link below. As the Washington Post reports at the second link, the mayor has taken control of the system and nominated as his first school chancellor Michelle Rhee, the founder and CEO of the New Teacher Project, a national nonprofit whose website is at the third link. The Washington Post has run a series, available at the last link, detailing the school system’s problems and the failures of past reform efforts. According to the reports, these include the constant imposition of short-lived silver bullet solutions by a myriad of policymakers, consultants, and activists; charter schools and voucher programs that have drained dollars and students; and lawsuits over special education and school facilities that have backfired. The series also profiles more successful reform efforts in Philadelphia.]
[NSBA School law pages on D.C. mayoral takeover]
Washington Post
By David Nakamura & Nikita Stewart
[Full story]
[New Teacher Project]
[Washington Post "Fixing D.C.’s schools" series]