Unions sue over Edison Schools pact

Terry Webster

Tuesday, April 24, 2001 | 10:44 a.m.

Union groups have followed through on threats of a lawsuit to fight the Clark County School District's approval of a contract with Edison Schools.

A lawsuit filed Monday in District Court by the Nevada State Education Association, the Education Support Employees Association and Assemblyman Wendell Williams, D-Las Vegas, will attempt to block Edison, the nation's largest for-profit manager of private schools, from coming to Clark County.

The lawsuit maintains that the district's five-year contract with the firm, approved earlier this month by the School Board, violates the state constitution. It also asks for state and other funding to be withheld from Edison. School districts "have the duty to establish and operate public schools and classes" under the Nevada Constitution, the lawsuit states.

Under the contract with Edison, however, the school district surrendered its authority to select, evaluate, assign, discipline and transfer personnel. It also will allow Edison to recruit, promote and fire employees.

The only exception to public schools are charter schools, and the Nevada Legislature allowed for that exception through bills passed in 1997, the lawsuit states.

In addition, the lawsuit claims that the district's decision to use funds out of its Distributive School Account is also improper.

School Board members and Superintendent Carlos Garcia have said they supported Edison because it gives students in the district's at-risk schools more resources and the chance for a better education. Williams, by contrast, has said his Committee on Education was left out of the process and that the state is responsible for at-risk schools.

Edison plans to take over seven schools in the fall: Cahlan, Crestwood, Lincoln, Lynch, Park and Ronnow elementary schools and West Middle School. "I addressed the School Board the night of their decision and asked whether the district had addressed the issue of constitutionality," Sue Strand, president of the Clark County Education Association, said.

Strand said that although the union has negotiated an agreement with Edison, the two groups still are at odds over the firm's policy of vacating schools.

She questions why teachers are being asked to leave and then are being told they can re-apply for their jobs.

Bill Hoffman, the district's lead attorney, could not be reached for comment.

Sun reporter Kim Smith

contributed to this story.