Dismissal Bill Falters in Assembly

A bill that would make it easier to fire teachers and administrators failed to pass the Assembly Education Committee on Wednesday. Sen. Alex Padilla’s controversial SB 1530 will be dead for the session unless he can persuade one more Democrat to reverse positions.
 
The bill had bipartisan support in the Senate, where it passed 33-4, but, in a test of strength by the California Teachers Association, only one Democrat, Education Committee Chairwoman Julia Brownley, and all four Republicans backed it in the crucial committee vote. The other six Democrats either voted against it (Tom Ammiano, San Francisco; Joan Buchanan, San Ramon) or didn’t vote (Betsy Butler, El Segundo; Wilmer Carter, Rialto; Mike Eng, Alhambra; and Das Williams, Santa Barbara).

The bill follows 2 incidents of sexual abuse in Los Angeles Unified and elsewhere, the worst of which involved Mark Berndt, 61, who’s been accused of 23 lewd acts against children at Miramonte Elementary in LAUSD. Padilla, a Democrat from Van Nuys, said SB 1530 responded to complaints from superintendents and school board members that it takes too long and is too expensive to fire teachers facing even the worst of charges. Rather than go through hearings and potential appeals, LAUSD paid off Berndt with $40,000, including legal fees, to drop the appeal of his firing. PUBLIC RELATIONS BABY!

Under current law, dismissal cases against teachers and administrators go before a three-person Commission on Professional Competence, which includes two teachers and an administrative law judge. Its decision can be appealed in Superior Court. (Lets not be having any radical notions of educators being innocent until proven guilty by a jury of your peers. OAH IS A TRIBUNAL OF STATE PAID INCOMPETENCE WITH THEIR OWN SET OF DUBIOUS RULES.)


SB 1530 would have carved out a narrow band of exceptions applying to “egregious or serious” offenses by teachers and administrators involving drugs, sex, and violence against children. In those cases, the competence commission would be replaced by a hearing before an administrative law judge whose (SUPPOSED) advisory (AND BULLSHIT SELF-AGGRANDIZEMENT ) recommendation WHICH WILL BE TREATED THE SAME AS A CONVICTION IN CRIMINAL COURT WHERE THEY HAVE RULES BASED ON THE CONSTITUTION,) would go to the local school board for a laughable final decision. That decision was made when the teacher was first suspended, with or without merit. That OAH circus decision is sometimes appealable in court.

The bill also would have made admissible evidence of misconduct older than four years. Berndt had prior reports of abuse that had been removed from his file,  because a statute of limitations in the teachers contract in LAUSD prohibited their use. (Couldn't these self-serving fools find another example?)

School boards already have final say over dismissal of school employees other than teachers and administrators, so the bill would extend that to efforts to remove “a very creepy teacher” from the classroom,” as Oakley Union Elementary School District Superintendent Richard Rogers put it. “What is more fundamental than locally elected officials responsible for hiring and dismissal?” he asked.

The bill had the support of Los Angeles Mayor Antonio Villaraigosa, and the LAUSD president, Monica Garcia, who described her fellow board members as “seven union-friendly Democrats” who want to “get rid of people who will hurt our children.” Monica must receive campaign support from the bills backers.

But Warren Fletcher, president of United Teachers Los Angeles, countered that “SB 1530 solves nothing, places teachers at unfair risk, and diverts attention from the real accountability issues at LAUSD.” Turning the tables, Fletcher, CTA President Dean Vogel, and others have filed statements with the state Commission on Teacher Credentialing to investigate Superintendent John Deasy’s handling of misconduct allegations in the district.

The argument that current law works resonated with Buchanan, who served two decades on the San Ramon Valley School Board. Calling the bill “intellectually dishonest” because nothing can prevent another Miramonte from happening, she said, “We never had problems dismissing employees.” She acknowledged that the “long, expensive dismissal process” needs to be streamlined, but the bill doesn’t get it right. A teacher at a school in her legislative district was accused of sexual misconduct by a student who got a bad grade. That teacher “deserves due process.”

The two teachers on the Commission on Professional Competence provide professional judgment that’s needed to protect the rights of employees, said Patricia Rucker, a CTA lobbyist who’s also a State Board of Education member. “We do value the right to participate and adjudicate standards for holding teachers accountable,” she said.

Fletcher said that school boards would be subject to parental pressure in emotionally charged cases, and, as a policy body, should not be given judicial power. Assemblyman Ammiano, a former teacher, agreed. “A school board is not the one to make the decision,” he said.

Wrong! They make the decision in closed session. The OAH is just a formality. So as to look good on paper.

Full-scale assault on the educator dismissal laws - David Welch wants to make it even easier to be FIRED FOR PERSONALITY AND NON-EDUCATION BASED REASONING

Full-scale assault on dismissal laws

Nonprofit with big name attorneys files suit

Posted on 5/17/12 • Categorized as

By  John Fensterwald

EDUCATED GUESS
 

 A nonprofit founded by a Silicon Valley entrepreneur has filed a sweeping, high-stakes lawsuit challenging state teacher protection laws. A victory would overturn a tenure, dismissal, and layoff system that critics blame for the hiring and retention of ineffective teachers. A loss in court could produce bad case law, impeding more targeted efforts to achieve some of the same goals.
Students Matter is the creation of David Welch, co-founder of Infinera, a manufacturer of optical telecommunications systems in Sunnyvale. The new nonprofit filed its lawsuit in Los Angeles Superior Court on Monday on behalf of eight students who attend four school districts. A spokesperson for the organization told the Los Angeles Times that Los Angeles philanthropist Eli Broad and a few other individuals are underwriting the lawsuit. They have hired two top-gun attorneys to lead the case: Ted Boutrous, a partner in the Los Angeles law firm of  Gibson, Dunn & Crutcher, and Ted Olsen, former solicitor general for President George W. Bush.
The lawsuit asserts that five “outdated statutes” prevent administrators from making employment decisions in students’ interest. The tenure statute forces districts to decide after teachers are on the job only 18 months whether to grant them permanent job status. Once granted tenure, they gain due-process rights that make it expensive and difficult to fire them even if they’re “grossly ineffective.” And then, when an economic downturn comes – witness the last four years – a Last In/First Out (LIFO) requirement leads to layoffs based strictly on seniority, not competency.
The protection of ineffective teachers “creates arbitrary and unjustifiable inequality among students,” especially low-income children in low-performing schools, where less experienced teachers are hired and inept veteran teachers are shunted off, under a familiar “dance of the lemons” since they cant be fired. Because education is a “fundamental interest” under the state Constitution, the five statutes that “dictate this unequal, arbitrary result violate the equal protection provisions of the California Constitution” and should be overturned.  The lawsuit doesn’t prescribe a solution.

Incremental versus global approach

Students Matter’s wholesale assault on the laws contrasts with fact-specific, narrowly tailored lawsuits brought by attorneys for the ACLU of Southern California and Public Counsel Law Center. Two years ago, they won a landmark victory in Reed v. the State of California when Los Angeles County Superior Court Judge William Highberger found that the heavy churn of teachers due to LIFO at three Los Angeles Unified middle schools violated students’ right to an equal educational opportunity. That decision led to a settlement between the district, the mayor’s office, and the attorneys that has protected the staffs of 45 low-performing schools from layoffs for the past three years. The strength of that case lay in its ability to tie specific harm to students to the layoff law, which explicitly permits exceptions to seniority layoffs to protect students’ fundamental constitutional rights. LAUSD had not exercised that exception. (United Teachers Los Angeles has appealed; arguments will be heard June 28.)
Earlier this year, the Sacramento-based nonprofit EdVoice brought suit against Los Angeles Unified over the pro forma way it conducts teacher evaluations. But here, the suit isn’t seeking to overturn the Stull Act, which defines how evaluations are done; it says that the district (along with nearly every other one) has chosen to ignore the law’s requirement that student performance be included in teacher evaluations.
 


There’s no shortage of critics of the tenure, dismissal, and layoff laws, which teachers unions have lobbied hard to preserve. California is one of few states that have not lengthened the probationary period for teachers. More than two dozen states have strengthened their evaluation systems in the past several years. California’s dismissal law, with its 10-step process laden with due process, can cost districts hundreds of thousands of dollars to fire a teacher on the grounds of unsatisfactory performance, which is why districts often work around it by paying teachers to retire or pushing them from one school to another.

Persuading a judge that the practical problems and the effects of the laws rise to the level of a constitutional violation is another matter. (In an analogous case, California is among the nation’s bottom spenders on K-12 education; it has tough standards and a challenging student population. But attorneys last year failed to convince a Superior Court judge in Robles-Wong v. California and Campaign for Quality Education v. California that adequate education funding is a constitutional right.)

Tough burden of proof

The tenure law may be particularly challenging. As the suit points out, something like 98 percent of probationary teachers have gotten tenure. The two-year probationary period (actually 18 months, since teachers must be notified by March of their second year) is not long enough. Too often evaluations have been slapdash. But the law itself doesn’t require a district even to cite a cause in denying tenure; the power of dismissal lies with the employer.

Students named in the lawsuit are from Los Angles Unified, Pasadena Unified, Sequoia Union High School District, and Alum Rock Union Elementary District, although only Los Angeles Unified and Alum Rock, which serves 11,000 students in San Jose, are specifically cited as defendants, along with  Gov. Brown, Superintendent of Public Instruction Tom Torlakson, the State Board of Education, the state, and the State Department of Education.

The only specific reference to Alum Rock was in the identification of plaintiff Daniella Martinez, 10, whom the lawsuit says chose to transfer to a public charter school because “of the substantial risk that she would be assigned to a grossly ineffective teacher who impedes her equal access to the opportunity to receive a meaningful education.” The initial filing doesn’t cite evidence of  specific teachers who negatively affected Daniella or the other seven defendants. It refers to studies by such groups as the National Council On Teacher Quality, which issued a blunt assessment of the tenure and dismissal practices of Los Angeles Unified, and on research by Hoover Institution author Eric Hanushek, who concludes that just by dismissing 6 to 10 percent of weakest teachers, students’ academic achievement and long-term earnings as adults would increase significantly.
Los Angeles, as the state’s largest district, may have been named as a defendant because its superintendent, John Deasy, has been outspoken about the need to change labor laws. United Teachers Los Angeles has also  sued over a comprehensive teacher evaluation system that Deasy has put in place.

Deasy would appear to be a friendly witness for the plaintiffs. In a statement, he said he supports lengthening the probationary period, quickening the dismissal process, and reforming the state’s layoff law. “To my dismay, we have lost thousands of our best and hardest-working classroom instructors through the last hired, first fired rule. When forced to reduce our teaching staff through budget cuts, we are compelled through state law and union rules to base these difficult decisions primarily on seniority,” Deasy said.

But when questioned, Deasy will be pressed to acknowledge that it may not be the laws but the implementation that counts. Since joining the district, first as deputy superintendent, then superintendent, Deasy has pushed administrators to apply more scrutiny in granting tenure and more perseverance in dismissing bad teachers. Last year the district terminated 853 teachers. Furthermore, the number of probationary teachers denied tenure rose significantly last year: from 89 in 2009-10 (10 percent of those eligible) to 120 teachers in their first year and 30 in their second year. Other superintendents would agree that well-trained, persistent principals can document the case for teacher dismissa ls, notwithstanding cumbersome, excessively burdensome requirements.

CTA Cowards and NTA lackies - hear this

    FUCK MARCHING ON SACRAMENTO.

  MARCH ON BURLINGAME, CALIFORNIA.

    WE WILL BE HEARD! October, 2012!

AFTER TRUSTEE'S ABRUPT RESIGNATION, SCHOOL BOARD SEEKS APPLICANTS

Chula Vista Elementary School District Seeks Applicants for Vacated School Board Spot

By TAWNY MAYA McCRAY

March 20, 2012

The Chula Vista Elementary School District is looking desperately to appoint a new board member.

It was announced Monday that board member Russell Coronado is resigning from his post effective March 31, nine months before his term is up in December. Board President Pamela Smith said Coronado, who was elected in 2008, was leaving due to “personal reasons.”

“(Coronado) has been very dedicated and it’s been a pleasure to serve with him,” Smith said at Monday’s meeting. “He’s brought a lot of expertise to the board and always focused. I have never been in a conversation publicly or in closed session with this board that isn’t always about kids, kids first, and Russell has been very true to that. We’re going to miss him.”

The remaining trustees, minus Douglas Luffborough who was absent, voted Monday to begin accepting applications to fill the position on the five-member board. Coronado was also absent from Monday’s meeting.

Applications are due at the district office by noon April 11.

Applicants must be at least 18, a U.S. citizen, a resident of the school district, a registered voter and not legally disqualified from holding public office by state law (for bribery or perjury convictions, for example).

The board decided not to fill the vacancy through a special election because of its estimated cost of $770,000 to $800,000. Trustees plan to interview the applicants and appoint the new member at a special board meeting April 23. The chosen candidate will serve the remainder of Coronado’s term.

This will be the third time since 2007 that the board has decided to appoint a new member. Trustee David Bejarano was chosen out of a pool of 39 candidates in 2007 after Cheryl Cox stepped down following her election as mayor of Chula Vista. Luffborough was selected out of 23 applicants in 2009 after Bertha Lopez resigned to serve on the Sweetwater Union High School District board.

“We have been through this process before and it’s been a good one and has resulted in some outstanding board members,” Smith said at Monday’s meeting. “I think it is a very inclusive process and we take the process very seriously. We look forward to hearing from our community and seeing who’s interested in this.”

Applications are available at the superintendent’s office, 84 E. J St. or on the district’s website at cvesd.org. Eligible community members must submit a letter of intent, the completed application, and two letters of recommendation to Soreli Norton, assistant to the superintendent and the board of education.

BACKGROUND

Head of CV school board to move temporarily

Russell Coronado, president since last year, is tending to a family member, officials say...

Ashly McGlone

Aug. 30, 2010

The board president of Chula Vista Elementary School District has temporarily moved to the North County to care for an ill family member, officials said Monday.

“I have a commitment to the students and people of Chula Vista, but at this time I also need to provide care and support to my family members,” Russell Coronado said. “At an appropriate time, we will make a decision about my position on the board.”

Further details were not disclosed.

Coronado was named school board president in December 2009 after being elected the previous year.

When asked whether there is a threshold for how long a board member may live outside of the school system's boundaries, district spokesman Anthony Millican said officials were looking into it.

Millican said the district’s day-to-day operations will be unaffected.

Originally Posted by Maura Larkins at 2:39 PM 
CVESD Reporter

Labels: . Coronado, Chula Vista Elementary School District, CVESD,  board members

Moreno Valley School Board Member Mike Rios Makes Bail

Moreno Valley School Board member Mike Rios makes bail; bail sources approved by Judge Dugan. Rios is charged with pimping, pandering and rape charges stemming from a prostitution operation that authorities said he ran out of his home.

As part of the terms for the $250,000 bail, the unidentified bondsman required Rios to wear an electronic ankle bracelet, Riverside County Superior Court Judge Becky Dugan said. The device sends a signal giving the wearer’s location at all times.

Jail records Tuesday night indicated Rios was no longer in custody.

Dugan made the decision to allow bail after reading in chambers a declaration from Rios, which she sealed.

Deputy District Attorney Michael Brusselback said the bail was being granted under the continuing objection of his office. The open-court hearing followed what he called “extensive” in-chambers discussion about Rios' declaration among Dugan, Brusselback and Deputy Public Defender Michael Micallef.

“I do find the bail in this case comes from legitimate sources,” Dugan said.

A court order remains in effect for Rios to stay away from alleged victims as well as any unrelated minors.

Rios, 42, was arrested April 4 and faces 11 felony charges in the pimping, pandering and rape case. Authorities said up to six females were involved, two of them 17 years old. He has pleaded not guilty. 

In February, Rios has been charged with attempted murder after police said he shot at two men outside his home . No one was injured. Rios spent almost a month in jail before posting $250,000 bail in that matter.

In the pimp, pander and rape case, two underage girls, along with one adult woman, were approached about becoming prostitutes, according to the complaint.

Three adult women were allegedly employed by Rios, who took their pictures and advertised their availability on the Internet, set prices for the women's services, drove them to and from appointments and supplied condoms for their encounters, according to a declaration filed in the case. Prosecutors said none of the females involved were students in the Moreno Valley school district.

On Friday, members of the Moreno Valley Unified School Board went to the Banning jail facility where Rios was being held and asked for his resignation from the board, but he refused.

They said Rios told them he expected to be at the next board meeting.

Rios has said he is innocent and that unidentified people were making up claims to stop him from running for Moreno Valley City Council. He ran unsuccessfully for City Council in 2008. Then in 2010 made a surprise last minute run for a Moreno Valley Unified School board seat.

In spite of claims otherwise, Rio's has been linked to Developer Iddo Benzeevi and former board member Victoria Baca of the Mexican Political Association. Baca herself was convicted of interfering with a police officer at a publicity stunt during her one term tenure on the Moreno Valley Unified School Board.

Disenfranchised-Educators

Moreno Valley Educators

 Are You In or Out? 

The Neo-School Counselor
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Disenfranchised-Educators

Moreno Valley Water Company   Embezzlement Was Reported Repeatedly But The Board Refused To Act. Three Years and $280,000.00 Later ...

First Published: 17 March 2012 06:25 PM

BY LORA HINES 

The former general manager of the Box Springs Mutual Water Co. in Moreno Valley said he thinks the alleged embezzlement of $280,000 could have been prevented had authorities paid attention then. Between 2004 and 2009 he reported theft of money from the company.

Bruce Gottschalk worked at the company between 2004 and January 2009. He twice contacted the Moreno Valley Police Department in 2009 to report the theft of $31,000 by a former employee after bookkeepers auditing the company’s accounts alerted him. Nothing came of Gottschalk’s reports because of lack of information and cooperation from the water company, police said.

He said he also tried to warn the company’s board of directors, of which he was a member. In January 2009, Gottschalk quit his job and was forced off the board when he said colleagues became hostile toward him rather than investigate the theft.

“It’s been very frustrating,” he said.

William Batey, the Moreno Valley councilman who represents the area, said he’s heard allegations about water company corruption for years. He said he told people to report their suspicions to law enforcement officials, but he could do nothing more because the city doesn’t oversee the company.

The company’s troubles have led to the community’s decay and impoverishment, making it unattractive to potential developers and homeowners.

Box Springs, a private nonprofit organization, provides water to about 3,300 people in the Edgemont community on Moreno Valley’s west side. As Moreno Valley’s east side thrives with development, Edgemont looks as if time forgot it. Side streets between Alessandro and Eucalyptus avenues are filled with potholes. Many houses appear uninhabitable and have yards covered with dirt, not grass. Most residents are renters.

The area needs developers, whose fees would pay for improvements to sidewalks, hydrants and the water-system. But builders and property owners can’t get building permits because of safety issues.

Box Springs’ water lines don’t provide enough water needed to fight a fire. Water company officials have said there's no money for upgrades, estimated to cost at least $15 million. So, new construction and property upgrades are out of the question. The water company can’t benefit from any new customers.

“I’ve got 3 acres behind my house that I can’t build anything on,” Gottschalk said.

He said he was on vacation in Mexico when he found out that his successor, Debra Sutton, resigned last month from the company. Investigators served search warrants at her home and office Jan. 23 seeking evidence that $280,000 in company funds were used to pay for cruises and casino gambling.

Sutton, who lives around the corner from the water company, has not been arrested or charged with any crimes. Her salary was $42,000 annually.

She declined to comment when reached at her house following the warrants.

Search warrants claim that a water company ATM card issued to Sutton was used for cruises to Alaska, the Bahamas, Mexico, the Caribbean and other places. Additionally, the ATM card was used for purchases and withdrawals at the Morongo and Edgewater casinos. Charges also were made to Alaska, Continental and United Airlines; Cheaptickets.com; Macy's; and Disneyland. The warrant also listed Carnival Cruise Lines of Florida; San Diego Cruise ship terminal; and Sam's Club in Bullhead City, Ariz.

According to court documents, Sutton told a Riverside County district attorney’s investigator that she thought she was using her personal money for the trips and casinos. Sutton also said she would make restitution if she had used the water company card, according to court documents.

The search warrant affidavits also showed her company ATM card was frequently used at Soboba Casino near Hemet. Casino records showed that Sutton gambled $5.6 million from February 2003 to December 2011.

“It’s a waiting game now,” Gottschalk said. “We’re waiting for indictments to come down.”

Sutton began working at the water company in January 2009 when Gottschalk said he hired her as a secretary. She replaced the employee who Gottschalk said he suspected of theft late in 2008. That employee was fired but was never charged.

Sutton later was promoted to general manager after Gottschalk left the company.

During Gottschalk’s tenure, Western Municipal Water District provided contract services for Box Springs, including bookkeeping. Box Springs is one of several of Western’s wholesale agencies. Western’s bookkeepers told Gottschalk about the missing $31,000 in 2008, he said.

Western spokeswoman Michele McKinney Underwood said she couldn’t comment because of the investigation. Western stopped providing Box Springs with contract services in February 2009, she said.

Moreno Valley Police Department records show that Gottschalk reported the embezzlement of $31,000 on Jan. 14, 2009, and April 6, 2009. Records indicate that Moreno Valley police tried to investigate both times.

The first time, officers didn’t have enough information to start a case, according to reports. Following the second report, officers contacted board president Joseph Heeter, who told them he didn’t want a criminal investigation, a police report states. He told police that he wanted to conduct an audit, records state.

When reached at the Box Springs office on Wednesday, Heeter, who has been board president since January 2009, declined to answer questions about the water company.

Records show an investigator met with Heeter and Sutton on Dec. 19, 2011, about the missing money. Heeter has not been accused of any wrongdoing.

For years, the Box Springs board has been mired in dysfunction stemming from longstanding feuds and mistrust among members and shareholders, said several members and shareholders who were interviewed. They accuse each other of stealing, lying, being disrespectful of one another, conspiracy and using the company for personal gain. No charges have been filed, they said.

Board member Irene Kendall, who has been active in the company for decades, said she believes the board should have kept a closer eye over company recordkeeping. She doesn’t think it was negligent.

Kendall, who turns 92 Monday, said she worries Box Springs and its board could be sued as a result of the alleged embezzlement. The board is to meet with the company attorney, Joe Aklufi, she said.

Aklufi couldn’t be reached for comment.

The water company on Wednesday is to have its regular monthly board meeting. Gottschalk wants most water company customers and property owners to attend and demand that new leadership be appointed.

Batey said he has repeatedly heard about possible mismanagement and embezzlement at Box Springs over the past 10 years. He said he always has urged people to report suspected wrongdoing to law enforcement officials.

“I’ve helped to the extent that I could,” Batey said. “We’ve got no say-so over there whatsoever.”

The City Council has no authority over Box Springs. The water company’s customers rely on the board of directors for company oversight.

Batey said Box Springs’ problems have negatively impacted the city and have reached a breaking point. Living conditions in many homes in the area have become some so poor that Batey said he thinks residents’ health and safety might be in jeopardy.

“Something has to be done,” he said. “Now it’s time to cooperate.”

Batey said he thinks the embezzlement investigation surrounding Box Springs will bring change. He wants Box Springs and Western to work with him to develop solutions to correct Box Springs’ problems and revitalize the Edgemont area.

“We can’t continue on the way it is,” Batey said.

Box Springs meeting

What: The regular monthly meeting of the Box Springs Mutual Water Co.

When: Wednesday, 12:30 p.m.

Where: At the company’s office, 21740 Dracaea Ave., Moreno Valley.

The Emanant Insolvency of San Diego Unified School District: A Harbinger of Things to Come for Moreno Valley USD??

Original story by andrew.donohue
voice of sandiego

The public proclamations that the San Diego Unified School District faces a state takeover dropped like bombshells this month, but district leaders have had serious discussions about insolvency both publicly and privately for years.

At one point more than two years ago, former Superintendent Terry Grier was so concerned that school board members didn't grasp insolvency's consequences that he scheduled a private briefing from perhaps the state's foremost expert on it, San Diego County Office of Education Superintendent Randy Ward.

"We'd just had numerous discussions with them about the possibility of insolvency. They just didn't believe the state elected officials could or would allow it to happen," Grier said. "There was even early discussion about how becoming insolvent might be the right thing to do."

Ward knows state takeovers well. The state appointed him to take over Oakland Unified School District after it went broke in 2003. He unilaterally ran the district, cleaning up its finances after the superintendent was fired and the elected school board became an advisory council.

When he met with them, Ward didn't tell the board members they were headed for insolvency. Rather, he explained what would happen and how the district would need to take drastic measures to avoid it. "He also rang that warning bell loud and hard," Grier said.

At least twice since that meeting, while the state continually cut funding to local schools, the school board has made high-stakes gambles that state finances would improve or that school spending would significantly increase. In light of California's continued economic problems and those serious ongoing discussions about insolvency, those gambles have begun to look misguided at best and reckless at worst.

District officials have cast the financial crisis as one wholly of the state's making, but talk of insolvency has always hung over the financial gambles the district's taken in order to keep class sizes small and teachers employed in the short-term. The long-term consequences of those decisions only compound the trouble handed down by the state.

Just a year after Ward's talk, the school board entered into a labor contract that, while providing short-term relief, saddled it with burdens it may well not be able to handle. The contract was, by the board president's own admission, a "gamble." Then, this summer, the board voted to rehire hundreds of teachers based on rosy state projections, despite advice to the contrary from their staff and consultant.

Now, with the state's projections looking unlikely to materialize, school board President Richard Barrera is calling for the state to levy taxes on the wealthy, oil extraction or alcoholic beverages to save school districts from insolvency.

Grier, who left the district in 2009 for Houston, said the district's dynamics changed when the teachers union's slate of school board members, John Lee Evans and Richard Barrera, were elected in 2008 and joined with Shelia Jackson to form a pro-labor voting block.

When Barrera and Evans joined the board, Jackson put together a plan to cancel teacher layoffs that had been issued before their election, a move the new board approved unanimously.

Grier said the move went against staff's advice and had little justification as the district's enrollment had been shrinking for the better part of a decade and the teachers simply weren't necessary.

At the time, then-board member Katherine Nakamura said schools were fully staffed and it would be hard to even find places to put the teachers. She warned of the bad timing, too, considering the state's plight. "You don't eat a jelly donut in the middle of a heart attack, no matter how sweet it might be."

Nakamura ended up voting for the plan, though, saying she wanted to move the board forward.

Barrera said his decisions have nothing to do with his relationship with, and support of, labor unions. He said his relationship with the teachers union has soured thanks largely to his vote in favor of layoffs earlier this year.

Make no doubt about it: The state Legislature has made severe changes to the way it funds K-12 education, offering districts 15 percent less money than it did just a few years ago. And it's not even giving the districts the smaller checks it promised, forcing them to borrow money every year and bank on IOUs. That's put districts around the state in serious trouble.

In response, San Diego Unified has made its own harsh changes. It's cut staffing by 15 percent since 2009 and this year it ultimately laid off more than 1,000 workers, including 500 teachers. The threat of insolvency, for example, popped up during the school board's public deliberations about whether to issue layoff warnings to teachers this March.

Today, district leaders say they've cut to the bone and are now evaluating closing some schools. Teachers agreed to shorten the school year by five days the last two years, taking five unpaid days off and saving the district about $20 million.

But, despite those major changes, the school board has been banking on the state Legislature upping education funding or a roaring economy to come to the rescue before the consequences of some of its long-term decisions come due. Every cut that wasn't made a year ago compounds now, and only deepens the budget pain when it eventually has to be made.

Barrera said every budget decision he's had to make has involved risk. "We either risk the education of kids or we risk the financial health of the district, that's the situation we've been in, over and over and over again," he said.

The issue to Barrera is one of drawing a line in the sand.

The board has already made cuts that have raised class sizes to an unacceptable level and impacted the welfare of children, he said, but there's a point the board simply can't cross. If refusing to make cuts entails gambling against the financial health of the district, then that's what he's got to do, he said.

Choose against the financial health of the district too often, though, and you eventually run out of money to even keep a school district functioning.

That's the situation the district faces today.

It's already staring at a $60 million deficit for next year after managing a roughly $80 million deficit this year. It has a rather vague list of solutions to fund that deficit, from closing schools, to selling off land, to asking the union to make concessions on teacher salaries and benefits. All that will have to be decided soon.

If the state's optimistic revenue forecast fails to materialize, next year's deficit could nearly double for and the district will have to find more ways to cut without laying off teachers. So far, the only solution that's been floated for that problem is shortening the school year by seven days, a proposal that, again, the district would have to negotiate with its unions.

If the state goes ahead with the threatened midyear cuts, Barrera and Superintendent Bill Kowba say the district will be on its way to insolvency. If the district goes insolvent, it will get taken over by the state and local control would be eviscerated.

Budget decisions would be made unilaterally by a state-appointed trustee. The superintendent would be fired. The school board would be advisory. The state would have some power over school finances for decades as the district paid back its bailout loan.

Kowba, a former rear admiral in the Navy, served as Grier's chief financial officer. Grier said Kowba had continually raised red flags for the school board.

However, he said, often staff's warnings to the board went unheeded.

"We knew the cuts were going to be painful. We also knew from everyone we talked to that this was not going to get better. We kept sharing that with the board. They were in a hard position, I don't envy them," Grier said. "But they kept going in the opposite direction that staff recommended."

You can reach us at andrew.donohue@voiceofsandiego.org orwill.carless@voiceofsandiego.org. Follow us on Twitter: