CORRECTION: An earlier version should have said the federal government was investigating a complaint that the Santa Clara County Office of Education’s Head Start program had misappropriated funds. The complaint was not against former county Office of Education Superintendent Mary Ann Dewan.
BY BRADEN CARTWRIGHT
Daily Post Staff Writer
Santa Clara County Superintendent of Schools Mary Ann Dewan isn’t going down without a fight. Her lawyers sent a letter to Board of Education members on Friday night saying they had no right to fire Dewan.
The lawyers argue that Dewan is technically a public official, and not a public employee who works for the board.
Dewan is one of five county superintendents in California who is appointed. The other 53 are elected, like San Mateo County Superintendent of Schools Nancy Magee.
Just because the board appointed Dewan doesn’t automatically make her an employee, attorneys Steven Ellenberg and Richard Noack said in their letter. “The (board) had no legal authority or jurisdiction under the Constitution or the Education Code to terminate her,” Ellenberg and Noack said. “Dewan hereby demands that the (board) rescind its unlawful action of Oct. 2 and restore her to her rightful position.”
In response, Board President Maimona Afzal Berta said the process was consistent with “past practice over many decades” for superintendent employment decisions by the board.
The Board of Education voted 4-2 to oust Dewan for undisclosed reasons, terminating her contract “without cause” at 2:30 a.m. on Wednesday.
Palo Alto representative Grace Mah voted in favor of firing Dewan, along with Berta, Don Rocha, and Joseph Di Salvo.
Board members Tara Sreekrishnan and Victoria Chon voted against the decision, and Sreekrishnan organized a protest yesterday in front of the county office. Raeena Lari abstained.
Dewan was formally placed on administrative leave and will receive a severance payment up to a year’s worth of salary, according to her contract. Dewan made $419,703 last year, pay records show. First appointed by the board in 2018, Dewan faced a potential ousting during a February closed session meeting.
Her lawyers allege that the Board of Education had “unlawful secret meetings” to agree to fire her. Dewan learned she would be fired during the late-night closed session from a friend of one of the board members, Ellenberg and Noack said.
Dewan is challenging the authority of the county board, made up of seven elected members who represent different areas in Santa Clara County.
“The jurisdiction of county boards of education is much more limited than that of K-12 school district governing boards,”Ellenberg and Noack said. It’s irrelevant that Dewan’s contract included a clause about her termination, because she’s not allowed to waive her rights as a public official, Ellenberg and Noack said.
Dewan signed a contract on Sept. 9, 2018, that said “the board may terminate this agreement without cause upon 30 days prior written notice.”
Over the summer, NBC Bay Area investigated complaints that the County Office of Education misappropriated funds from Head Start, a federal program that helps low-income children with early development. Employees alleged they were retaliated against during a related federal review.
Dewan appeared to have support from some parents, but in recent years she faced criticism over workplace safety especially for special education teachers. Sarah Gianocaro, president of SEIU’s Santa Clara County Office of Education chapter, cited numerous preventable injuries occurring to both special education students and workers. She and other union leaders have complained that the office of education is top heavy — with administrators outweighing educators and other workers.
The county office supports 31 school districts with instructional, financial and technology services. The office directly serves students through special education programs, alternative schools, juvenile hall, Head Start and state preschool programs. The office also oversees 21 charter schools, like Bullis Charter School in Los Altos, and decides whether their charters should be renewed.