Sacramento City Unified School District officials will not move ahead with plans to open a new high school this fall at the former Marian Anderson Elementary School campus.
In making the decision late Thursday, school board members left unclear whether the school would open at all. The district had proposed creating the school to fulfill the terms of a legal settlement with parents and teachers who sued the district in 2003 after Sacramento High School was converted to a charter school.
Trustees approved a succinct resolution Thursday night stating that the school wouldn't open in the coming school year at Marian Anderson. General counsel Jerry Behrens told trustees the language left open whether they would open the school a year later or never.
School board President Manny Hernandez said Friday he expects that discussion to occur over the next several board meetings.
In the meantime, Hernandez said he doesn't believe the district has failed to meet the terms of a legal agreement mandating the school's creation by September 2008 because officials have "(gone) down all the steps" to establish it, albeit without success.
"I feel safe for this upcoming fall because we have done, I believe, everything there," Hernandez said. "There would be some question (about) future years and that's why I think the board would have to meet and discuss what the options are there."
In settling a lawsuit over the conversion of Sacramento High to a charter run by the St. HOPE organization, the district agreed to establish "a new, minimum 500 student small public high school by September 2008."
The teachers union and some parents sued, arguing residents served by the old Sacramento High needed a school of their own.
Ultimately, only 12 students registered to attend the new school, prompting staff members to recommend the school not open this fall.
The teachers and parents involved in the original lawsuit say they support a delay because it would give the district time to create a more attractive option. But they said they would consider legal action if trustees abandon the school altogether.
"They never did anything to make the school appealing," said parent Kate Lenox. "Marian Anderson was never the site that we wanted."
Rick Maya, executive director of St. HOPE, the fourth litigant, said he would be willing to discuss a delay.
Hernandez said he sees three possible scenarios: delay the opening a year; abandon the plan for lack of interest; or argue that the creation of Health Professions High School, within two miles of the former Sacramento High attendance area, fulfilled the agreement. He said he is open to other options as well.
At least two trustees have said it is time to move on. Another two support a delay. Trustee Ellyne Bell cannot vote because she was a litigant in the lawsuit.
Call The Bee's Kim Minugh, (916) 321-1038.

