Countywide : Pro-Prop. 174 Group Sues School Districts

A local group supporting the school voucher initiative on next month’s ballot filed a lawsuit Tuesday against two county school districts, alleging that school administrators used taxpayers’ money to campaign against the measure.

The lawsuit, filed in Superior Court by a leader of the local chapter of Yes on 174, alleges that officials of the Tustin and Brea-Olinda Unified school districts violated taxpayers’ constitutional rights by using public resources to oppose the initiative.

Officials with both school districts vigorously denied the allegations, saying they plan to contest the lawsuit.

“They don’t have a leg to stand on,” said Ed Seal, superintendent of the Brea school district. “They are just using a shotgun approach to try to intimidate and scare people.”

Mark Bucher, a leader of the county’s pro-voucher campaign, said he decided to file the court action after receiving complaints from dozens of parents whose children received pamphlets on the proposed initiative, which would provide parents vouchers for $2,600 in tax money to be spent at any voucher-redeeming private, parochial or public school.

Opponents claim that the initiative, on the Nov. 2 ballot, would drain as much as $1.6 billion from state coffers over the next three years.

Proponents of the Parental Choice in Education initiative first voiced complaints two weeks ago when a one-page flyer titled “Important Facts About Proposition 174” was printed on the back of lunch menus in the Tustin schools and sent home with students.

Bucher said his group decided to sue only the two school districts because they are the “worst offenders” and “the ones where it’s undeniable that the administrators were involved.”

Tustin Supt. David Andrews said the flyer was factual in nature and not partisan, adding that officials have a right to inform the public about legislation that could affect the school district. The flyer therefore did not violate state laws prohibiting public time, equipment or funds from being used for political purposes, Andrews said.

Seal said a similar flyer prepared by Brea district officials was approved by attorneys for the Orange County Department of Education before being distributed to parents of Brea-Olinda students.