State School Board Orders Plan for Implementing 187 : Immigration: Emergency regulations are seen as a contingency measure. Members indicate they will remain neutral in suits challenging the proposition.

The state Board of Education on Monday ordered the preparation of emergency regulations for implementing Proposition 187’s ban on illegal immigrants in public schools, but also indicated that it would remain neutral on the various lawsuits that seek to block the voter-approved ballot measure.

The board is one of the defendants in at least seven lawsuits challenging the constitutionality or legality of the measure, which seeks to deny illegal immigrants access to non-emergency health and public services as well as to public education. The proposition would require school and health officials to report those who are suspected of being illegal to federal authorities.

The state board did not take a position on the measure before the election, even though all of its members were appointed or reappointed by Gov. Pete Wilson, a leading voice in favor of the measure. The board on Monday chose to maintain that neutrality by deciding to have the state attorney general, rather than lawyers for the Department of Education, which the board oversees, represent its interests in those lawsuits.

The plaintiffs in those lawsuits include the Los Angeles Unified School District and the Los Angeles City Council, as well as private education and immigrants rights groups.

In a private session, the board also voted unanimously to have education officials write regulations that “ensure fair, consistent, orderly, uniform and non-discriminatory administration” of Proposition 187’s provisions.

Board President Marion McDowell of San Carlos characterized the decision to move ahead with the writing of regulations as “contingency planning.” Having Atty. Gen. Dan Lungren take the lead in defending the board in the lawsuits, which also target Wilson and other arms of state government, preserves education funds for education, she said.

Had they not been challenged, the education provisions of the proposition would have taken effect Jan. 1. But U.S. District Judge Matthew Byrne, acting last week in four lawsuits filed by Proposition 187 proponents, temporarily blocked enforcement of most of the provisions of the sweeping measure but allowed agencies to develop regulations as long as they remain secret.

U.S. District Judge Mariana R. Pfaelzer will hold a status conference today to establish the date for a hearing on requests by initiative foes for a preliminary injunction, designed to block implementation of the initiative until its legality is determined in extended court hearings.

In a related matter on Monday, during a news conference at Los Angeles Unified School District headquarters a group of parents and teachers reiterated their support for the district’s decision to file suit against Proposition 187.

Several parents and community organizers also announced that they plan to ask the United Nations to send human rights monitors to Los Angeles to view alleged abuses both now and later, if the anti-illegal immigration measure is implemented. They intend to gather 2,000 signatures asking for the assistance and send them to the United Nations on Dec. 10, International Human Rights Day.

More on Immigration (Southland Edition, A27)

* A package of stories is available on the TimesLink on-line service covering illegal immigration, including a variety of proposed technological and political solutions, the impact of Prop. 187 and commentary from the Times opinion pages.

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