Parents weigh suit against lawmakers

By Emily Richmond (contact)

Monday, July 21, 2003 | 11:12 a.m.

Clark County School Board member Larry Mason, at the request of several parents, is looking into a possible class action lawsuit against the state Legislature for failing to fund education, he said Friday.

"Parents are asking me whether they have any other avenues besides protests, rallies and picketing," Mason said. "I'm going to find out if other legal remedies may be out there."

Mason said while most of the parents he's spoken with are members of a Latino community group, any lawsuit would be filed on behalf of all of the district's students.

"We're in some serious straits," said Mason, who also is a dean at the Community College of Southern Nevada. "Parents are asking what they can do to protect their children's rights to a quality public education."

The legal basis for such a suit, and what court it would be filed in, isn't clear, said Carl Tobias, law professor at the Boyd College of Law at the University of Nevada, Las Vegas.

"The frustration of the parents is certainly understandable, and one of the reasons we have courts is to allow people to air their grievances when they feel they have no other recourse," Tobias said. "My hope is that the matter is going to be resolved quickly so that these kinds of lawsuits aren't necessary."

Teri Witzel, a parent who has organized several rallies and protests, said Friday she has already been considering launching a class action suit but has yet to find an attorney willing to take on the case.

"None of them thought we had a legal leg to stand on," Witzel said. "If (Mason) can get this thing going, I'll be glad to jump on the bandwagon right now."

Because of the legislative standstill, Clark County School District officials announced Friday the start of classes in August could be delayed because of lack of state funding. The district has also reassigned 411 literacy and technology specialists, as well as teachers in the gifted and talented program, to regular classrooms.

"In my four years as a trustee, the board has never had to face issues as serious as those we have in front of us at this time," School Board President Sheila Moulton said.

The Clark County School Board will meet Thursday to discuss other contingency plans -- including cutting athletic programs and eliminating jobs -- that could be necessary if the expected Aug. 1 payment doesn't arrive from the state.

"As a trustee, I can tell you that none of the options we will be considering are good for our students, our teachers or our community," Moulton said.

The board also will be asked to approve a loan of up to $40 million from reserve accounts to keep the district operating through the month of August, Walt Rulffes, deputy superintendent of operations for the district, said.

"These are the types of actions that cause a finance man like myself to shudder," Rulffes said.