The Mercury News

Schools chief secures veto

County’s top educator wins approval from state to halt decisions from troubled district

- By Sharon Noguchi snoguchine­ws@gmail.com

SAN JOSE >> Santa Clara County’s top educator scored a key victory in her battle with the Alum Rock Union School board majority by winning state approval of the veto power she seized last month over the district.

Mary Ann Dewan, superinten­dent of Santa Clara County schools, now will dispatch an adviser empowered to halt and roll back any action taken by the Alum Rock board, administra­tors or employees.

Ironically, Dewan’s win appears to implicate the legal advice offered by the board’s controvers­ial attorney, Maribel Medina, and the law firm that employs her, Leal & Trejo of Long Beach. In turning down the appeal of Dewan’s decision, the California Department of Education noted that the district missed a critical deadline and that the Alum Rock school board had not approved the appeal.

Instead, documents obtained by this newspaper show, Leal & Trejo submitted the appeal after a discussion with Alum Rock school board President Esau Ruiz Herrera.

Neither responded to requests for comment on the rejection of the appeal.

The state’s decision, outlined in a letter sent Thursday by Caryn Moore, a division director with the state, elated members of the Alum Rock community.

“It’s good news. It’s a big win for us,” said Olivia Ortiz, a parent leader with the community group Somos Mayfair. After more than a year of organizing, protesting and sticking out late-night board meetings, she said, “It shows us right now that we’re being heard.”

Dissident board member Andres Quintero — who alerted the state that the board had not authorized the appeal — also was pleased. “I appreciate­d that the state superinten­dent took my letter into account,” he wrote in an email. “I feel as if the taxpayers and our students finally have some protection from the irrational behavior of the board majority.”

But Alum Rock trustee Khanh Tran was disappoint­ed with the state’s move. He said he would support resubmitti­ng the appeal, if the board agrees, and also filing suit to seek an injunction against the county office of education.

Dewan did not comment, except to write, “the window for appeal has expired.”

The Alum Rock district, which serves just over 10,000 students in elementary and middle school, has been engulfed in turmoil since a scathing state audit warned of possible fraud and misspendin­g — with many problems

traced to board behavior, high staff turnover and the district’s constructi­on-management contracts with Del Terra Real Estate and its chief, Luis Rojas.

Despite his objections to secondgues­sing of district decisions, Tran welcomed a fiscal adviser to help put Alum Rock’s financial records in order. He accused Superinten­dent Hilaria Bauer of stashing up to $12 million in secret accounts.

“Unfortunat­ely, laws were broken

and one who committed a crime cannot come back and say I am sorry,” Tran wrote. “I will vote to let her go.”

Bauer did not respond to requests for comment.

Dewan’s fiscal adviser, William Gillaspie, will begin his job April 23. In the meantime, Dewan’s current consultant, Donald Zimring, will have adviser powers from April 11 to 13.

“The main point of that,” she wrote in an email, “is to ensure that I have someone always on deck.”

 ?? STAFF FILE PHOTO ?? Dr. Mary Ann Dewan, Santa Clara county’s top educator, won state approval for the veto power over the district board of the Alum Rock Union School District.
STAFF FILE PHOTO Dr. Mary Ann Dewan, Santa Clara county’s top educator, won state approval for the veto power over the district board of the Alum Rock Union School District.

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