Waiver of the Election Requirement when Transitioning to By-Trustee Area Elections

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_{Todd M. Robbins, Partner}

_{Atkinson, Andelson, Loya, Ruud and Romo}

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Santa Maria Bonita School District_�

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Cerritos • Fresno • Irvine • Pleasanton • Riverside • Sacramento • San Diego

CVRA Transition – County Committee Role

The Default Process

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• The Santa Barbara County Committee must hold at least one public hearing within the District’s boundaries. (Education Code Section 5019 (c)(2).) and pass a resolution approving the District’s transition

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• The Education Code requires the County Committee to set a date for an election asking voters to approve or reject the transition to by-trustee area elections.

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Transition From At-Large to By-Trustee Area Election Process (cont.)

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• If an election is called by the County Committee, the only questions before the voters would be:
• For the establishment of trustee areas in Santa Maria Bonita SD –Yes

OR

• For the establishment of trustee areas in Santa Maria Bonita SD– No

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• Questions required by Ed. Code section 5020

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What if the Voters Vote NO?

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• If the voters reject the District’s transition to by-trustee area elections, the District would continue to conduct at-large elections.
• At large elections subject the District to liability under the CVRA.
• If sued under the CVRA, the District would not be able to use the outcome of the election as a defense.

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Rationale For the Waiver

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• To avoid the costs and uncertainty of an election on this narrow question, all of the school districts that have undertaken this process have sought and received a waiver of the election requirement.

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Waiver of the Election Requirement

• New Legislation (SB 442) allows the District to seek a waiver of the election requirement for the question of method of election transition from the Santa Barbara County Committee on School District Organization.
• The Committee’s resolution required by Education Code section 5020 must “include a declaration that the change in the method of electing members of the governing body is being made in furtherance of the purposes of the California Voting Rights Act of 2001.”

Waiver of the Election Requirement

• The District must consult with bargaining units and obtain their positions on the waiver:
• Neutral
• Support
• Oppose
• The District must consult with “appropriate advisory councils or advisory committees:”
• Bilingual advisory committee
• DELAC
• LCAP

Stakeholder Feedback Required

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• It is recommended that the Board hold a public hearing on the waiver request and include a request that the County Committee grant a waiver within the Board’s transition resolution.

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The Waiver Process

• THE WAIVER DOES NOT IMPACT OR ELIMINATE THE PUBLIC’S RIGHT TO VOTE FOR SCHOOL BOARD MEMBERS!

Important Note

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• Once the waiver is approved by the State Board of Education, the District can conduct subsequent elections for the Board of Education as by-trustee area elections.

Effect of Waiver

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• The District welcomes your feedback on the process for seeking the waiver.
• Please communicate any feedback to the Superintendent’s Office.
• Be looking for announcements for opportunities to provide input on proposed trustee area maps at upcoming meetings.

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Feedback Welcome