Court Rules on Middle School Plan : San Dieguito Must OK Cardiff School

Superior Court Judge Douglas R. Woodworth ruled Thursday that because of “careless draftmanship in the education code,” Cardiff residents must gain approval of a majority of San Dieguito voters if they want to educate more of their students in their own hometown.

Any election to decide whether the Cardiff Elementary School District can establish its own middle schools for seventh- and eighth-graders must be approved by voters of the San Dieguito High School District, Woodworth said.

The code is ambiguous because it says that “the election shall be conducted by the voters of the district, without saying which district,” Woodworth said.

Although Cardiff was planning to withdraw only a small number of students, Woodworth said, “an interpretation of the law has to be made which is applicable to larger withdrawals” of students that might occur in the future.

The hearing was the result of a battle that has been brewing since August. At that time, parents in the Cardiff district gathered enough signatures to call a March election to determine whether they could create a middle school for their children.

The San Dieguito High School District filed suit against Cardiff in January because officials said all voters in the 80-square-mile district should decide whether Cardiff is entitled to withdraw some of its students from the high school district’s junior highs.

Another factor in the dispute is the new $5.6-million Diegueno Junior High School in Encinitas that is due to open in September. The school is being built based on enrollment projections that included Cardiff students, high school district officials said.

The high school district also was concerned about losing $500,000 a year in state funds and property taxes if Cardiff withheld some of its students. Cardiff officials, on the other hand, would have gained $404,000.

Paul M. Loya, attorney for the high school district, said he was pleased with the ruling.

“I think the education code was not to be interpreted in a way that’s unreasonable or leads to an absurd conclusion,” he said. “Trying to interpret the education code is like trying to unravel a bowl of spaghetti. We feel it would have been inappropriate for Cardiff to decide to pull its students out.”

San Dieguito High School District Supt. William Berrier said he, too, is satisfied with the ruling and that the district wants to continue serving all its students.

“We’re pleased with the outcome,” he said. “Mr. Loya did an excellent job.”

Cardiff district Supt. Joseph P. Fazio said his Cardiff school board will meet next week to discuss ways to continue its plans for a middle school.

“I’m disappointed for the people of Cardiff who are being denied the most precious right of deciding the education of the children in the community,” Fazio said. “We’re going to have to examine what our options are. Our attorney will be looking at the options we might take.”

Cardiff attorney Terry J. Knoepp said he will “seek an order to stay this court’s ruling and will allow the elections to proceed.”