Lawyer: Santa Clara County school superintendent was terminated unlawfully

SANTA CLARA COUNTY, Calif. - Just days after the Santa Clara County Board of Education fired their superintendent of schools, there was a new development. 

Lawyers for Mary Ann Dewan now say her termination was unlawful. In fact, they're questioning everything from the way it was handled, to the board's authority to do it at all.

In a letter, Dewan's lawyers demand she be restored to her rightful position.

The County Board of Education fired her without cause in a closed session Wednesday. Dewan's lawyers say they violated open meeting laws and that the board acted outside their legal jurisdiction.

"This is petty. This is reckless. This is personal," says Claudia Rossi, a former board member.

She and many other Dewan supporters held a news conference to express their shock and frustration. They say she is beloved by parents, teachers and staff.

"I've seen five superintendents, by far and above, Dr. Dewan has been superior," says Tara Guerrero, a teacher and former union leader.

The four board members who voted to fire Dewan have shed no light on the reason. Tara Sreekrishnan, who voted against it, is calling for more transparency.

"It was a glaring signal that something is deeply wrong with this process," she said.

In 2018, a civil grand jury report found exactly that. Santa Clara County is one of only five counties in California that have an appointed superintendent of schools. The other 53 counties elect theirs.

The report found a much higher turnover rate, and a more complicated dynamic when the superintendent was beholden to the board and not the public.

"The reaction to the board of supervisors to our 2018 grand jury report was we're happy with the way things are," says Peter Hertan, who was the foreman of that grand jury.

Near the news conference, another group gathered to say they were pleased that Dewan was gone. They were upset over the handling of special education services.

"She's our county superintendent. No decisions are made without her knowledge. Everything comes to her. So yeah justice was served," says Ana Mendoza, a community activist.

But both sides agree, the termination process might warrant a second look. And that the public deserves to have a say.

"Because when a leader like this is removed capriciously and vindictively and irresponsibly, then that tells the community that it is time to change that," says Rossi.

Dewan's supporters are circulating a petition on her behalf. And they're asking for a public hearing next week to shed more light on what happened.

Dewan's lawyers say the board has 30 days to fix this and give Dewan her job back or a formal lawsuit will follow.

The Board of Education of Santa Clara County issued the following statement on Friday evening.