SSDA Today - Spring/Summer 2018 - 22

the CVRA do not have to show that redistricting would actually
fix the problem.
However, before initiating formal legal action under the CVRA,
a potential plaintiff must first send a written notice to the clerk
of the political subdivision in question asserting that its election
method may violate the CVRA. The plaintiff is then prohibited
from commencing legal action for 45 days after the subdivisions' receipt of the written notice. During this same period,
the subdivision may adopt a resolution outlining its intention to
transition to a district-based election system, the specific steps
it will undertake to complete the transition, and the estimated
timeframe for doing so. If the subdivision adopts such a resolution, the plaintiff is then prohibited from commencing legal action
to enforce the CVRA until 90 days after the resolution's passage.
THREAT OF LEGAL FEES PROMPTING AT-LARGE DISTRICTS
TO SWITCH TO A DISTRICT-BASED SYSTEM

Both a formal legal challenge under the CVRA and the receipt
of a written notice open the district up to having to reimburse
the plaintiff for costs expended. For the former, if the plaintiff
prevails in their legal challenge, he or she would be entitled to
reasonable attorney's fees and reimbursement for litigation
expenses. If the district prevails, it would not be able to recover
any costs unless the court were to find the case to have been
frivolous, unreasonable, or without foundation. For the latter,
if a district establishes district-based elections, any potential
plaintiff that sent a written notice before the district's adoption
of its resolution of intent may, within 30 days of the change having been adopted, demand reimbursement for the cost of the
work generated to support the notice. If more than one plaintiff
sent a written notice prior to the district switching, the district
would be required to reimburse all prospective plaintiffs in the
order in which they sent the written notice. This latter form
of reimbursement is capped at $30,000. To avoid litigation or
having to reimburse potential plaintiffs, many school districts
are instead opting to switch to a district-based system before
they even receive written notice of a possible CVRA violation.
In order for a school district to switch from an at-large electoral
system to a district-based one, the change must be approved
by both the County Committee on School District Organization
and voters at a districtwide election. Additionally, the California
Elections Code requires hearings to be held both before and
after district boundary maps have been drafted:
1. Before drafting up a map of the proposed boundaries of the
voting districts, the subdivision must hold at least two (2)
public hearings over a period of no more than 30 days, during
which the public may provide input regarding the composition
of the districts.
2. After the maps are drafted, the subdivision must publish at
least one draft map, and the potential sequence of elections
if staggered, and make it available for release.
a. The subdivision must also hold at least two (2) additional
hearings over a period of no more than 45 days, during
which the public may provide input regarding the content of
the draft maps and the sequence of elections, if applicable.
b. The first version of a draft map must be published at least
seven (7) days before consideration at a hearing. If the map
22

SSDA TODAY | SPRING/SUMMER 2018

is revised at or following a hearing, it must be published
and made available to the public for at least seven (7) days
before being adopted.
DISTRICTS TURNING TO STATE BOARD OF EDUCATION
(SBE) FOR WAIVER TO SPEED UP TIMELINE

In attempts to reduce the potential for litigation and to establish
district-based elections as expeditiously as possible, school
districts have also been applying for waivers from the SBE in
order to waive the requirement that the change be voted on in
a districtwide election and instead allowing for district-based
elections to be adopted upon review and approval by the County
Committee. More districts are now considering seeking waivers
rather than going to the voters to change the election system,
citing the length of time it takes to prepare for an election and
the risk of voter rejection. To date, the SBE has approved more
than 130 such waivers.
●
This article is informational only and is not legal advice. Any
district that has received written notice of a possible CVRA violation or has questions about switching to a district-based election
system is encouraged to consult legal counsel to see how this
could affect your district.
Caitlin Jung, Capitol Advisors Group. LLC

ADVERTISER'S
INDEX
ATTORNEYS
Jones Hall..........................Outside Back Cover
www.joneshall.com
AWARDS & RECOGNITION
Crystal Plus Inc. ............................................12
www.crystalplus.com
COMPUTER HARDWARE/SOFTWARE
SEHI Computer Products.... Inside Back Cover
www.BuySehi.com
COMPUTER SERVICES
SEHI Computer Products.... Inside Back Cover
www.BuySehi.com
COMPUTER TECHNOLOGY
SEHI Computer Products.... Inside Back Cover
www.BuySehi.com
CONSULTING SERVICES
Keenan ............................................................7
www.keenan.com
FURNITURE
School Outfitters.............................................4
www.schooloutfitters.com

HEALTH CARE BENEFITS
California's Valued Trust .... Inside Front Cover
www.cvtrust.org
SISC.................................................................3
www.sisc.kern.org
HVAC
Geary Pacific Supply........... Inside Back Cover
www.gearypacific.com
INSURANCE
SISC.................................................................3
www.sisc.kern.org
MODULAR CLASSROOMS
Geary Pacific Supply........... Inside Back Cover
www.gearypacific.com
OUTDOOR EDUCATION - SUMMER CAMP
Pali Institute ..................................................12
www.paliinstitute.com
PRINTERS
SEHI Computer Products.... Inside Back Cover
www.BuySehi.com
VISUAL DISPLAY
PRODUCTS TECHNOLOGY
SEHI Computer Products.... Inside Back Cover
www.BuySehi.com


http://www.joneshall.com http://www.cvtrust.org http://www.sisc.kern.org http://www.crystalplus.com http://www.gearypacific.com http://www.BuySehi.com http://www.sisc.kern.org http://www.BuySehi.com http://www.gearypacific.com http://www.BuySehi.com http://www.paliinstitute.com http://www.keenan.com http://www.BuySehi.com http://www.schooloutfitters.com http://www.BuySehi.com

Table of Contents for the Digital Edition of SSDA Today - Spring/Summer 2018

EXECUTIVE DIRECTOR’S COLUMN
Student Free Speech: School Officials’ Response to Student Social Media Comments, “Likes” and Followers
CalPERS Rate Increases Begin to Stabilize
New School Nutrition Laws Take Effect
Website Accessibility: How an Educational Entity Can Ensure its Website is Accessible to those with Disabilities
After Years of Debate, Special Education Credential Seems Destined for Changes
School Board Elections and the California Voting Rights Act: Districts Shift from At-Large to District-Based Elections
ADVERTISER’S INDEX
SSDA Today - Spring/Summer 2018 - Intro
SSDA Today - Spring/Summer 2018 - cover1
SSDA Today - Spring/Summer 2018 - cover2
SSDA Today - Spring/Summer 2018 - 3
SSDA Today - Spring/Summer 2018 - 4
SSDA Today - Spring/Summer 2018 - 5
SSDA Today - Spring/Summer 2018 - EXECUTIVE DIRECTOR’S COLUMN
SSDA Today - Spring/Summer 2018 - 7
SSDA Today - Spring/Summer 2018 - 8
SSDA Today - Spring/Summer 2018 - 9
SSDA Today - Spring/Summer 2018 - Student Free Speech: School Officials’ Response to Student Social Media Comments, “Likes” and Followers
SSDA Today - Spring/Summer 2018 - 11
SSDA Today - Spring/Summer 2018 - 12
SSDA Today - Spring/Summer 2018 - CalPERS Rate Increases Begin to Stabilize
SSDA Today - Spring/Summer 2018 - 14
SSDA Today - Spring/Summer 2018 - New School Nutrition Laws Take Effect
SSDA Today - Spring/Summer 2018 - Website Accessibility: How an Educational Entity Can Ensure its Website is Accessible to those with Disabilities
SSDA Today - Spring/Summer 2018 - 17
SSDA Today - Spring/Summer 2018 - 18
SSDA Today - Spring/Summer 2018 - After Years of Debate, Special Education Credential Seems Destined for Changes
SSDA Today - Spring/Summer 2018 - 20
SSDA Today - Spring/Summer 2018 - School Board Elections and the California Voting Rights Act: Districts Shift from At-Large to District-Based Elections
SSDA Today - Spring/Summer 2018 - ADVERTISER’S INDEX
SSDA Today - Spring/Summer 2018 - cover3
SSDA Today - Spring/Summer 2018 - cover4
https://www.nxtbook.com/naylor/SSCB/SSCB0218
https://www.nxtbook.com/naylor/SSCB/SSCB0118
https://www.nxtbook.com/naylor/SSCB/SSCB0217
https://www.nxtbook.com/naylor/SSCB/SSCB0117
https://www.nxtbook.com/naylor/SSCB/SSCB0216
https://www.nxtbook.com/naylor/SSCB/SSCB0116
https://www.nxtbookmedia.com