Alexander Hamilton said an independent judiciary is essential to guard against “serious oppressions of the minor party in the community.” Last week a California judge reaffirmed this wisdom by overruling local school district officials who tried to thwart parents from using the state’s parent-trigger law.
In January parents filed a petition to convert Palm Lane Elementary in Anaheim into a charter under California’s 2010 parent-trigger law, which allows a majority of parents in any failing school to force changes. Palm Lane had made the state Department of Education’s list of underperforming schools since 2003. Fewer than 40% of students scored proficient in English in 2013. About 85% are Hispanic, and most are low-income.
School district officials and the teachers union tried to stymie parents at every turn. The union even complained that signature gatherers were bribing parents with free iPads, a false allegation that the district superintendent repeated in a cautionary letter to parents. In February the school district rejected the petition on dubious grounds, which included claims that parents had made paperwork errors, such as failing to “submit a separate document that identifies the lead petitioners.”
Though more than 60% of parents signed the petition, the district threw out dozens of signatures that could not be “verified.” That is, the parents could not be reached between the hours of 8:30 a.m. and 4:30 p.m. to confirm that they signed the petition. Maybe that’s because they were working. This left parents 12 signatures short of the 50% threshold, so they sued the district for improperly rejecting the petition.
Last Thursday Orange County Superior Court judge Andrew Banks ruled in favor of the parents on all counts and rebuked the district’s conduct as “unreasonable, arbitrary, capricious and unfair.” He also scored district officials for violating their obligation under the trigger law to work in good faith with parents—a responsibility many other districts have disregarded as well.
Judge Banks has ordered the district to accept the petition and allow parents to immediately begin soliciting charter school proposals. Palm Lane will become the second school in California where parents have successfully triggered large-scale reform. There would be more if unions working with district officials hadn’t intimidated parent organizers.
Palm Lane parents were assisted by the trigger law’s author, former state Democratic Senator Gloria Romero, who helped seek outside legal counsel. The case shows how far the union and administrative bureaucracy will go to preserve their monopoly, even breaking the law. Palm Lane’s parents are heroes for fighting back, but the scandal is how hard they had to fight to fulfill a basic legal right.