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Sacramento City Unified School District is set to hold a special meeting Tuesday evening at the Serna Center to consider a resolution authorizing an appeal to the state superintendent, raising questions about the district’s legal basis for challenging the county Office of Education’s recent rescission of part of its fiscal plan.
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With attention now turning to whether state law gives the district a way to challenge the rescission, the California Education Code gives districts five days to appeal a county superintendent’s fiscal determination or proposed remedial action.
It remains unclear, however, whether the law allows a district to separately appeal a fiscal adviser’s decision to rescind a school board action.
The county office-appointed fiscal adviser on Friday overturned Sac City Unified’s approval of a new labor agreement with its teacher’s union, less than a day after the board approved it.
Under Education Code Section 42127.6, a county superintendent may, at a more serious stage of fiscal intervention, “stay or rescind” a school board action found “inconsistent with the district’s ability to meet its financial obligations.”
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The district has not yet publicly identified the legal basis it would use to appeal the fiscal adviser’s rescission. If the board authorizes an appeal Tuesday and the district files one permitted under the law, the state superintendent would have 10 days to uphold or reject all or part of it.
Sacramento City Unified’s unprecedented fiscal crisis has led to an increasingly public power struggle with the Sacramento County Office of Education over how the district should avoid insolvency.
On Thursday, the district’s board approved two measures aimed at addressing its fiscal crisis, including a new labor agreement projected to provide about $97.6 million in financial relief over three years. The next day, the county office rescinded the board’s approval, citing concerns that the agreement would provide only short-term relief and limit the district’s ability to pursue future savings.
“The long-term financial recovery of the district will take time and require extraordinary fiscal discipline, not just short-term loans and redirected funds, all of which must be repaid,” said David Gordon, Sacramento County Superintendent of Schools in a statement released Friday.
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