Santa Clara County leaders may exercise more power over the school board after its elected school board voted to fire controversial superintendent Mary Ann Dewan. .
The Board of Education Board of Supervisors on Tuesday voted 4-0 to consider whether to decide who should serve on the countywide school district’s school board. Director Susan Ellenberg withdrew, and her husband replaced the former director.
Supervisors also directed Tony LoPresti, the county’s top attorney, to return in January with the option of making the county’s superintendent an elected position rather than an appointment decided by trustees.
There are many unknowns about the impact of various potential decisions. Voters are expected to elect several board members this November, as well as two new members of the audit committee who will be sworn in by the time the board resumes discussions.
This comes after Dewan was fired on Oct. 2, sparking uproar in the county. Dewan contested her termination, arguing that her elected supervisors violated the state’s open meetings law in their decision to fire her. Mr. Dewan’s request for reinstatement was denied by the Santa Clara County Superior Court.
Supervisors Otto Lee and Cindy Chavez proposed the idea for board discussion. Lee said he intends to provide a public platform for all issues occurring at the Education Department.
“No such forum was available to the school board,” Lee said at the meeting.
He denied requesting talks to reinstate Dewan as superintendent.
Supervisors have indicated that voter approval is not needed to make school boards an appointive body and give them more say over education authorities. But it will be up to county voters to change the superintendent position from a school board-appointed position to an elected position. That deadline has expired for this year’s election, so voters may have to wait until the 2026 primary to avoid a costly special election.
LoPresti said the county’s current law is “silent” about what would happen to the school board’s currently elected officials if the governance structure changes. LoPresti also wasn’t sure whether the superintendent could impose term limits on the school board.
“People want to know whether a new board is likely to be installed or whether it’s literally a four-year process given that we’re going to be electing new board members. ” Supervisor Joe Simitian said at the meeting.
Supervisor Silvia Arenas said the idea puts the board in a “precarious” position.
“Like many of you, I am truly shocked by what I am hearing regarding the decision to terminate Dr. Dewan,” Arenas said at the meeting. “What I know and am hopeful about is that the Santa Clara County Office of Education is operating at the highest level it can function. We are so dependent on these services that our children need. I am.”
Department of Education officials appeared at the meeting and spoke in support of Mr. Dewan.
One of the employees, San Jose resident Jennifer Much, supports the possibility of expanding supervisory authority and said Dewan’s firing tested the community’s trust in the county school office.
“Board of Education directors have repeatedly acted outside of their jurisdiction, and there is currently a lack of oversight,” Mucci said.
But Dewan has also faced criticism. In recent years, she has come under fire over workplace safety and a lack of resources for special education teachers and students.
The school board appointed interim superintendent Charles Hinman on Oct. 16 and is searching for a permanent replacement.
Dewan’s supporters are demanding a grand jury investigation into her firing.
A 2018 county civil grand jury report said the school board had a high turnover rate of superintendents, and Dewan was the fifth leader to hold the superintendent position in the past 17 years. The report said this suggests the board disagrees with decisions made by its self-appointed superintendent, such as approving charter schools.
Jeffrey I. Levin was a grand juror at the time. He referred to a 2018 report to the San Jose Spotlight that proposed electing superintendents rather than appointing them to combat infighting.
“What’s been happening in recent weeks proves that we need to elect a superintendent and not allow these million-dollar shenanigans to continue,” he previously said. “I am ashamed of the actions of the board members. A board that operates in this manner cannot be trusted.”
Story last updated: 5:27 PM Original story published: 4:58 PM
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