Democratic leaders in the Legislature have complained for years about being left out of key decisions by the state Board of Education. Now, the lawmakers are countering with a package of bills designed to make the board be more responsive to them.
Funding for bilingual reading programs, lucrative textbook contracts, agenda notices -- even the composition of the board -- would be affected.

The four bills face considerable political obstacles. On one side is the board, which sets policy for California's 6 million public school students -- and whose 11 members are appointed by Gov. Gray Davis.

On the other are the chairman of the 24-member Democratic Latino Caucus, the chairwoman of the Assembly Education Committee, and a leader of San Francisco's Chinese American community.

"Essentially, what we're trying to do is ... rein in (the board)," said Assemblyman Marco Firebaugh, D-South Gate, chairman of the Latino Caucus.

"We think that these fundamental policy questions ought to be dealt with in the Legislature -- not the Board of Education."

Kerry Mazzoni, the governor's secretary of education, defended the board's policies and said it was premature to comment on the proposed bills.

Last year, Davis vetoed a Firebaugh bill intended to increase the board's diversity, saying it would limit his flexibility to make appointments.

Since then, Davis has named two Latinos and an African American with backgrounds in labor and community activism. The appointments have muted charges the board was stacked with Davis campaign contributors. But the panel angered Democrats and bilingual education advocates with a decision that is being challenged in court.

Last October, the board essentially barred bilingual education programs from receiving some of the more than $130 million in new reading grants the federal government is sending annually to California.

A group of parents sued the board in March in San Francisco Superior Court in a case that is still being argued.

The plaintiffs contend the money from the Bush administration's No Child Left Behind Act was intended to help schools with large numbers of at-risk students -- regardless of the language of instruction.

Under Proposition 227, the 1998 ballot measure that abolished most bilingual education programs in California, parents may request waivers to have their children taught in their primary languages.

But Democrats in the Legislature and bilingual education advocates say they were shocked when they learned -- from the Board of Education's Web site -- that bilingual classes would not be receiving the much-needed money.

"To this day, we haven't been able to find out who made the decision," said Assemblywoman Jackie Goldberg, D-Los Angeles, who chairs the Assembly's Education Committee.

Firebaugh contends the board "violated the Administrative Procedures Act" by establishing regulations without public debate.

Board spokesman Phil Garcia, citing the pending litigation, said officials could not discuss the case. The board's chairman, Reed Hastings, issued a statement but declined to respond to Firebaugh's comments.

"The state board believes that English learners need at least 2 1/2 hours per day in English-language reading instruction in grades 1, 2 and 3," he said. "That does not prevent instruction in a student's primary language the rest of the school day.

"Majority Leader Firebaugh seems to believe English learners should have less than 2 1/2 hours per day of English-language reading instruction. We respectfully disagree."

But Firebaugh and Goldberg say the 2 1/2-hour requirement makes it impossible for students to receive instruction in their primary language.

They say the school day is not long enough for students to meet that requirement, spend a similar amount on bilingual instruction, and attend to other subjects.

Hastings said more than 70 school districts have received a total of about $120 million from the new reading grants and more than 100,000 English learners "will benefit directly from these vital federal funds."

Board officials, however, cannot name a school that has been able to use the new money specifically for bilingual instruction.

"Our program and our commitment to the achievement of all students has led to impressive gains by California's Latino students in recent years," Hastings added. "We believe we are on the right path and that we must stay the course."

Firebaugh said his intention is not to refight Proposition 227. But he is concerned that students entitled by law to be taught in their native languages while they learn English are not getting money they need for instructional materials.

"I'll admit I've seen some data that has me wondering whether our formulation of bilingual education is good or not," he said. "But I have a bunch of kids (in my district) who don't make it out of high school, and I think part of it is because they don't speak the language and they're not being taught it effectively."

Firebaugh's AB 1485 would prohibit the board from implementing requirements that make English learners ineligible for the new federal grants.

He notes that several other states -- including Texas, New Jersey and New Mexico -- allow the money to be spent on bilingual reading instruction.

Goldberg's measure -- AB 12 -- to require the board to adopt instructional material appropriate for pupils' reading levels, including English learners, failed to make it out of a legislative committee. It is unlikely to be resurrected.

"We have no power at all," Goldberg said. "Even if we get the bills passed, the governor will likely veto them because he has faith in his Board of Education -- after all, he appointed them."

Another Firebaugh bill -- AB 921 -- would require the board to consider the cost of textbooks and instructional materials as part of the state's text-adoption process.

"There is no doubt in my mind that the high costs of textbooks keeps required instructional materials out of the hands of California students," he said.

Firebaugh cited a published report that concluded the costs of English textbooks increased more than 200 percent in the past dozen years.

Assemblyman Leland Yee, D-San Francisco, said he believes English learners already are being shortchanged. As an example, Yee cited the board's handling of the new federal funds.

"When the board decides, unilaterally, not to provide adequate instructional material in languages that all children can understand, that concerns me tremendously," said Yee, a leader in San Francisco's Chinese American community.

Yee said the board needs to be more sensitive to the diverse cultural needs of children in the state, including the 1.5 million English learners.

His AB 1259 calls for the Legislature to urge that the governor's board appointees be drawn from distinct geographic regions of the state. The bill also would require that board agendas, which must be posted 10 days in advance of meetings, include comprehensive background on each item so issues like the new federal funds are rigorously debated.

"If parents want to put their children in bilingual classes, there should be adequate resources for them to do so," he said.