State Officials Sued for Not Following Regulations
Today, the Coalition for Adequate School Housing and three school districts initiated litigation to require the State of California to comply with the regulations regarding allowing school district appeals to the State Allocation Board. Named in the suit are the Department of Finance, the State Allocation Board, and the Office of Public School Construction.
The Department of Finance cannot unilaterally deny a district’s ability to appeal to the State Allocation Board (SAB) in violation of the SAB’s own rules. If a single SAB member (or Agency) can, without Board action, change the Board’s long established rules, no school district in California, now or in the future, will be able to rely on those rules with an expectation that it be treated equitably.
If the Government does not follow its own rules and regulations, then its actions are arbitrary and capricious, and therefore illegal and illegitimate.
The Deputy Director of the Department of Finance, acting alone as the Chair of the SAB, has denied school districts their right to appeal an illegal action by the State that harmed them.
This unilateral denial of a district’s right to appeal violates the SAB’s own rules and leaves California school districts with no recourse when they are harmed.
~ CASH Staff