Crisis may compel Garcia to sue state

By Emily Richmond

Thursday, June 19, 2003 | 11:07 a.m.

Clark County Schools Superintendent Carlos Garcia said Wednesday he hasn't ruled out the possibility of filing a lawsuit against the state if lawmakers fail to agree on an education funding plan when they resume their work next week.

While the Clark County School District is doing its best to keep afloat despite the turmoil, the situation could worsen quickly if lawmakers do not approve a budget by July 1, Garcia said.

On "Face to Face with Jon Ralston" broadcast on Las Vegas ONE, Garcia said a lawsuit would be a last resort and a course of action that could backfire. A court could force the state to provide education funding, but it may wind up being less favorable than what lawmakers were considering on their own, Garcia said.

"We're really caught in a dilemma," Garcia said. "But what other choices will we have at that point?"

In an interview with the Sun this morning, Garcia said the option of a lawsuit was being held in reserve until "absolutely necessary."

The Clark County School District is still hopeful lawmakers will resolve the budget before the new fiscal year begins in July, Garcia said.

If that happens, it's possible the 411 literacy and technology specialists as well as Gifted and Talented Education teachers -- reassigned to fill general classroom vacancies left unfilled because of the budget delays -- could be restored to their original assignments, Garcia said.

The legislative impasse froze hiring in Clark County with about 1,000 teachers still needed for the start of the 2003-04 school year in August.

In a memo to the displaced employees Wednesday, Garcia said the action taken was one of the toughest decisions of his administration.

"The action was not to cut your programs, or for political purposes to arouse any group of parents and staff," Garcia said. "The only reason we took action was due to lack of funding. Folks, just think of your personal checking account, you would not mail checks if you did not have the funds to cover the checks. The Legislature has put us in the same position."

The crisis in Clark County is being played out in varying degrees across the state. Garcia and the state's other 17 school superintendents sent an open letter to Assembly Speaker Richard Perkins, D-Las Vegas, detailing harm they say is being done because of the legislative delays.

Because there is no mechanism in place for districts to receive their Aug. 1 funding from the Distributive School Account, some could need emergency loans to keep schools open, according to the letter. The lack of available funds could force schools attended by 85 percent of the state's children to close by late August, the letter said.

When told of Garcia's comments about the potential for a lawsuit, Assemblyman Bob Beers, R-Las Vegas said if the deadlock persists "I'll race him to the courthouse."

But while Garcia's talk of lawsuits was directed toward lawmakers, Beers said it's the executive branch of the government that ultimately writes the checks to the schools, so Beers and his cohort would file suit against the Guinn administration.

The Assembly Republican Caucus discussed the possibility of a lawsuit before the special session adjourned last week, Beers said. Such a suit might be used to force the governor to reopen the budget, Beers said.

"We would not hesitate to ask a judge to intervene if we felt the needs of children were being neglected," Beers said this morning.

Lawmakers are being wrongly painted as the "bad guys" in the crisis, Beers said.

"People suggest we're holding kids hostage," Beers said. "That's not true. We're the SWAT team trying to rescue the kids being held hostage."

Beers, who has steadfastly refused to support a plan to increase taxes, said the solution next week will lie in separating the tax bill and the education funding bill. The state's existing tax structure would cover the proposed $334 million increase in K-12 funding and the education dollars don't depend on the new taxes being approved, Beers said.

Garcia said that argument doesn't help at this point. With six weeks left until classes resume, more than 500 teachers are still needed to fill classrooms.

If a budget is passed by July 1, the district will try and restore the GATE program as quickly as possible and return literacy specialists to their previous assignments, Garcia said. After that, the technology specialists at the high school level would go back to their jobs followed by the middle school and elementary school specialists.

Some people, like parent Teri Witzel, said she refuses to wait until next week to see if lawmakers solve the deadlock. She's hosting a rally at 5 p.m. today outside Katz Elementary School in the northwest region for parents, educators and lawmakers interested in sending the message that enough time has already been wasted.

"Wake up, quit arguing, get the job done," Witzel said Wednesday. "All this bickering, arguing and posturing is setting a terrible example for our children. They were elected to do a job, and they should be doing that job."