school district unification: legal questions and answers chris thomas director of legal services...

School District School District Unification: Legal Unification: Legal

Questions and Questions and AnswersAnswers

Chris Thomas Chris Thomas

Director of Legal ServicesDirector of Legal Services

Arizona School Boards Arizona School Boards AssociationAssociation

What We Will CoverWhat We Will Cover Background: How Did Things Get This Way and Background: How Did Things Get This Way and

What Problem are We Trying to Fix?What Problem are We Trying to Fix? SB1068/SB1164: The Charge and The Process SB1068/SB1164: The Charge and The Process Current Law on Unifying School DistrictsCurrent Law on Unifying School Districts FAQ’s: FAQ’s:

– funding (taxes, overrides, bonds, small school weight, funding (taxes, overrides, bonds, small school weight, desegregation funds, career ladder) desegregation funds, career ladder)

– salary schedulessalary schedules– Property division/Contract ObligationsProperty division/Contract Obligations– Merging Into One Governing BoardMerging Into One Governing Board– Voting Rights Act IssuesVoting Rights Act Issues

Your Questions AnsweredYour Questions Answered

TYPES OF DISTRICTSTYPES OF DISTRICTS

Only elementary until 1893Only elementary until 1893 Union high schools created in 1893Union high schools created in 1893 Unified school districts authorized in Unified school districts authorized in

19751975 Historically some of the elementary Historically some of the elementary

and high school districts operated as and high school districts operated as unified districts with a common unified districts with a common board of trusteesboard of trustees

NUMBER OF SCHOOL NUMBER OF SCHOOL DISTRICTSDISTRICTS

1906-07: just under 3001906-07: just under 300 1917-18: five years after statehood - 1917-18: five years after statehood -

562562 2007: 2302007: 230 Examples of other states:Examples of other states:

– California - 999California - 999– New Mexico - 89New Mexico - 89– Oklahoma - 649 Oklahoma - 649

CURRENT ARIZONA SCHOOL CURRENT ARIZONA SCHOOL DISTRICT ORGANIZATIONDISTRICT ORGANIZATION

115 elementary school districts of 115 elementary school districts of which 10 are transporting districtswhich 10 are transporting districts

17 high school districts including 1 17 high school districts including 1 joint technological districtjoint technological district

89 unified school districts89 unified school districts 221 total districts plus221 total districts plus 6 accommodation districts6 accommodation districts

OTHER STATES’ OTHER STATES’ ORGANIZATIONORGANIZATION

Arizona is one of 19 states to have both Arizona is one of 19 states to have both independent elementary school districts and independent elementary school districts and independent high school districtsindependent high school districts

California: 618 elementary, 107 high schoolCalifornia: 618 elementary, 107 high school Illinois: 413 elementary, 112 high schoolIllinois: 413 elementary, 112 high school Minnesota: 57 elementary, 11 high schoolMinnesota: 57 elementary, 11 high school Montana: 343 elementary, 154 high schoolMontana: 343 elementary, 154 high school

What Problem Are We Trying to What Problem Are We Trying to Solve?Solve?

Research shows that the better the Research shows that the better the articulation and alignment of curriculum K-articulation and alignment of curriculum K-12, the better for student achievement 12, the better for student achievement – AZ State Academic Standards created, refined AZ State Academic Standards created, refined

and put into place in early 90’s, AIMS test to and put into place in early 90’s, AIMS test to measuremeasure

Concern for increasing dollars devoted to Concern for increasing dollars devoted to classroom instruction classroom instruction – Study that says “optimum” size for districts – Study that says “optimum” size for districts –

for business efficiencies – is 30,000 studentsfor business efficiencies – is 30,000 students– Are larger districts better for students?Are larger districts better for students?

No research – lots of research showing smaller No research – lots of research showing smaller schoolsschools are more successful are more successful

The Push for District The Push for District Consolidation/UnificationConsolidation/Unification

Mid 1970’s – Legislative Commission to force Mid 1970’s – Legislative Commission to force consolidation; disbanded without making a consolidation; disbanded without making a recommendation after contentious public hearingsrecommendation after contentious public hearings

Late 1980’s: “Incentive” funds to encourage Late 1980’s: “Incentive” funds to encourage districts to voluntarily unify or consolidatedistricts to voluntarily unify or consolidate– ““10-7-4” monies10-7-4” monies

2000: Legislation that removed requirement that 2000: Legislation that removed requirement that decision to unify/consolidate go to the voters – decision to unify/consolidate go to the voters – vote of boards was enoughvote of boards was enough

Evolution of ASBA Position on IssueEvolution of ASBA Position on Issue– Support local control, assisting those districts that chose Support local control, assisting those districts that chose

to unify; highlight topic at ASBA conferencesto unify; highlight topic at ASBA conferences– Locally approved vs. locally initiated and approved: Locally approved vs. locally initiated and approved:

change to the ASBA agenda after 2004 legislative change to the ASBA agenda after 2004 legislative sessionsession

SB1068 -- ASRDC: The SB1068 -- ASRDC: The ChargeCharge

Passed in 2005; 46-13-1 in House; 19-9-1 in Senate; Passed in 2005; 46-13-1 in House; 19-9-1 in Senate; signed by Governor; Laws 2005, Chapter 191signed by Governor; Laws 2005, Chapter 191

ASBA Opposed based on new Political AgendaASBA Opposed based on new Political Agenda Set up 13 person Arizona School District Redistricting Set up 13 person Arizona School District Redistricting

Commission to review all elementary districts and Commission to review all elementary districts and consider:consider:– Combining with other elementary districts to form unified Combining with other elementary districts to form unified

district; ordistrict; or– Combining with other elementary districts and a union high Combining with other elementary districts and a union high

school district to form a unified district.school district to form a unified district.– Commission Commission cannotcannot look at consolidating districts that are look at consolidating districts that are

already unified nor look at combining an elementary district already unified nor look at combining an elementary district or a high school district with an already unified districtor a high school district with an already unified district

SB1068 -- ASRDC: The ProcessSB1068 -- ASRDC: The Process

Commission met in regular meetings since Summer Commission met in regular meetings since Summer 20052005

First recommendations came out in Fall 2006First recommendations came out in Fall 2006 Officially sent to affected districts for comment in Officially sent to affected districts for comment in

April 2007 (required)April 2007 (required) Affected districts had until September 15 to Affected districts had until September 15 to

comment on plans comment on plans Commission were to consider recommendations of Commission were to consider recommendations of

the governing boards in forwarding final plan to the governing boards in forwarding final plan to Governor by December 31, 2007Governor by December 31, 2007

Governor MUST sign report and file Governor MUST sign report and file recommendations with Secretary of State (no recommendations with Secretary of State (no discretion) discretion)

SB1068 -- ASRDC: The SB1068 -- ASRDC: The ProcessProcess

Commission were to consider other factors Commission were to consider other factors such as:such as:– Relevant academic and scientific research Relevant academic and scientific research

regarding school size, school district size, fiscal regarding school size, school district size, fiscal implications and implications and legal issueslegal issues

– Geographic boundaries and travel time of studentsGeographic boundaries and travel time of students– Unorganized territory where at least 1% of Unorganized territory where at least 1% of

population attends school in unified districtpopulation attends school in unified district– Use of regional service plans to consolidate costsUse of regional service plans to consolidate costs– Transition issues: 9 member board in large or Transition issues: 9 member board in large or

urban districts; allow existing board members to urban districts; allow existing board members to serve out remainder of terms; assimilation of legal serve out remainder of terms; assimilation of legal liabilities by new unified district of former districtsliabilities by new unified district of former districts

SB1068: Elections IssuesSB1068: Elections Issues November 2008 Ballot: County School November 2008 Ballot: County School

Superintendent shall call election within Superintendent shall call election within boundaries of new unified districtboundaries of new unified district

Publicity pamphlet also prepared by county Publicity pamphlet also prepared by county superintendent and must includes arguments for superintendent and must includes arguments for the plan from the commission the plan from the commission as well as any as well as any arguments in opposition submitted by governing arguments in opposition submitted by governing boardsboards of affected districts or any elector that of affected districts or any elector that wishes to submit an argumentwishes to submit an argument

Cost of election must be paid by each district Cost of election must be paid by each district affected in proportion to each district’s registered affected in proportion to each district’s registered voter total compared to the total in the entire voter total compared to the total in the entire unified district unified district

SB1068: Elections IssuesSB1068: Elections Issues

A Majority in each affected district is A Majority in each affected district is required to approve the planrequired to approve the plan– If one says “no,” they all say “no”, even If one says “no,” they all say “no”, even

if an overall majority says “yes”if an overall majority says “yes”– Controversy on the effect of two-Controversy on the effect of two-

question possibility when breaking up a question possibility when breaking up a union high school district into several union high school district into several districtsdistricts

SB1068: Extra Funding for SB1068: Extra Funding for Unification/Consolidation Costs Unification/Consolidation Costs

CutCut Eliminated funding to cover costs of Eliminated funding to cover costs of

unification – voluntary or recommendedunification – voluntary or recommended– Used to allow for 10% funding over Revenue Used to allow for 10% funding over Revenue

Control Limit in first year after unifying; 7% Control Limit in first year after unifying; 7% in second year after unifying; 4% in third in second year after unifying; 4% in third yearyear

Now only amount associated with Now only amount associated with “routine formalities” such as “changing “routine formalities” such as “changing of letterhead, stationary or similar of letterhead, stationary or similar issues”issues”

Issues Discussed But Never Acted Issues Discussed But Never Acted OnOn

Reinstatement of Cost ReimbursementReinstatement of Cost Reimbursement Small School District Adjustment TweaksSmall School District Adjustment Tweaks Expand authority of Commission to Expand authority of Commission to

recommend elementary districts merge recommend elementary districts merge with already unified districtswith already unified districts

Expanding SFB authority to build high Expanding SFB authority to build high schools in unified districts that don’t schools in unified districts that don’t currently have a high schoolcurrently have a high school

Equalization of funding between high Equalization of funding between high school districts and elementary districts on school districts and elementary districts on per pupil basis, resulting in more uniform per pupil basis, resulting in more uniform salary schedulessalary schedules

Current Law on UnificationCurrent Law on Unification

Important: Any unification that is Important: Any unification that is approved by the voters will have to approved by the voters will have to follow existing statutesfollow existing statutes– If there is a conflict between existing If there is a conflict between existing

statute and the current charge of the statute and the current charge of the commission, statute will likely prevailcommission, statute will likely prevail

Two Main Statutes on books: Two Main Statutes on books: §§§§15-15-448 and 15-458448 and 15-458

A.R.S. 15-448A.R.S. 15-448

Allows one or more elementary Allows one or more elementary districts and a high school district with districts and a high school district with “coterminous or overlapping” “coterminous or overlapping” boundaries to establish a unified boundaries to establish a unified school districtschool district

Does not apply if some of high school Does not apply if some of high school facilities would remain outside of new facilities would remain outside of new unified district (that would be driven unified district (that would be driven by 15-458)by 15-458)

NO ELECTION REQUIRED (if voluntary)NO ELECTION REQUIRED (if voluntary)

A.R.S. 15-448 (continued)A.R.S. 15-448 (continued) Student Counts: for the first year, the Student Counts: for the first year, the

student count is count of all the school student count is count of all the school districts that have unifieddistricts that have unified

Any elementary district not part of unified Any elementary district not part of unified district but in the former high school district district but in the former high school district boundaries must pay tuition for students boundaries must pay tuition for students attending high school in the new unified attending high school in the new unified districtdistrict– Must include part to cover bond indebtedness of Must include part to cover bond indebtedness of

former high schoolformer high school– No fee to cover overridesNo fee to cover overrides

New governing board charged with creating New governing board charged with creating new policiesnew policies

A.R.S. 15-448 (continued)A.R.S. 15-448 (continued)

Teacher Pay:Teacher Pay:– According to policy, in the first year of operation of According to policy, in the first year of operation of

the new unified district, each certificated teacher the new unified district, each certificated teacher must receive at least same base compensation as must receive at least same base compensation as beforebefore

– Also, each certificated teacher must receive full Also, each certificated teacher must receive full credit for years of servicecredit for years of service

– NO requirement that all teachers be brought up to NO requirement that all teachers be brought up to the highest level of pay among the former districtsthe highest level of pay among the former districts

– Any reductions in salary in 2Any reductions in salary in 2ndnd year would have to year would have to follow prescriptions of follow prescriptions of §§15-544 (reduction in force)15-544 (reduction in force)

A.R.S. 15-448 (continued)A.R.S. 15-448 (continued)

Overrides continue; can request a Overrides continue; can request a new override based on new new override based on new combined revenue control limit (must combined revenue control limit (must follow 15-481); if approved, new follow 15-481); if approved, new override replaces existing overrideoverride replaces existing override

ALL ASSETS AND LIABILITIES of ALL ASSETS AND LIABILITIES of former districts are assumed by the former districts are assumed by the new districtnew district

Formation of new district by Formation of new district by subdivision of existing district – subdivision of existing district –

15-45815-458 Election requiredElection required Must get petition of 10% of qualified Must get petition of 10% of qualified

voters in area of new district or 50 voters in area of new district or 50 whichever is more (again, only if whichever is more (again, only if voluntary)voluntary)

Governing board seats to be decided Governing board seats to be decided as in as in §§15-44815-448

§§15-458 – Division of 15-458 – Division of Property Property

The district that will be divided must produce The district that will be divided must produce a projected list of assets by the end of the a projected list of assets by the end of the fiscal year in which the election is heldfiscal year in which the election is held

Governing boards of existing districts should Governing boards of existing districts should divide property by September 15 of year in divide property by September 15 of year in which new districts become operativewhich new districts become operative

If the governing boards can’t do that, the If the governing boards can’t do that, the county attorney must divide assets by county attorney must divide assets by October 1October 1

FAQ’s - FundingFAQ’s - Funding

Taxes: How are the tax rates reconciled Taxes: How are the tax rates reconciled between previous district and new between previous district and new district?district?– New district governing board will set the tax New district governing board will set the tax

rate (based on new Revenue Control Limit)rate (based on new Revenue Control Limit)– Primary taxes on overrides will continue until Primary taxes on overrides will continue until

expiration of the override based on budget expiration of the override based on budget limit of former district before unificationlimit of former district before unification For a subdivided union high school district with For a subdivided union high school district with

an override, it is unclear whether that override an override, it is unclear whether that override will continue (depends on whether other districts will continue (depends on whether other districts had them); authorization expires at earliest timehad them); authorization expires at earliest time

FAQ’s: Overrides and BondsFAQ’s: Overrides and Bonds

Can overrides and bonds already Can overrides and bonds already approved be continued?approved be continued?– Yes, but only under the limitations that Yes, but only under the limitations that

were set forth when they were passed were set forth when they were passed and they would have to expire naturally and they would have to expire naturally or be renewed under the new districtor be renewed under the new district

FAQ’s: FundingFAQ’s: Funding

Career Ladder:Career Ladder:– What if a district that receives career ladder What if a district that receives career ladder

unifies with a district that doesn’t have it?unifies with a district that doesn’t have it? (A district may increase its Base Level amount by up (A district may increase its Base Level amount by up

to an additional 5.5% if it participates in a pay for to an additional 5.5% if it participates in a pay for “Career Ladder”; however, enrollment in that “Career Ladder”; however, enrollment in that program has been closed)program has been closed)

Answer: This is truly unsettled: ASDRC says that Answer: This is truly unsettled: ASDRC says that State Board can expedite approval of new application State Board can expedite approval of new application – has received legal advice from Leg. Council on this; – has received legal advice from Leg. Council on this; we believe this would take legislative approvalwe believe this would take legislative approval

Cost to state general fund would be significant – Cost to state general fund would be significant – should be included in final Commission reportshould be included in final Commission report

FAQ’s: Salary SchedulesFAQ’s: Salary Schedules

How would a new unified district merge How would a new unified district merge the salary schedules of its employees the salary schedules of its employees from the previous districts?from the previous districts?– The new board would have the power to make The new board would have the power to make

new policy; no certified person can make lessnew policy; no certified person can make less– NOT a given that lower paid will make moreNOT a given that lower paid will make more– There is no proposal to infuse add’l funds into There is no proposal to infuse add’l funds into

system and high school weight will continuesystem and high school weight will continue

FAQ’s: Property FAQ’s: Property Division/Contract ObligationsDivision/Contract Obligations

Under 15-448 (K) all assets and liabilities Under 15-448 (K) all assets and liabilities of unifying districts are assumed by the of unifying districts are assumed by the new district; if breaking up a union high new district; if breaking up a union high school district it would depend on school district it would depend on division agree to by new unified districts division agree to by new unified districts or by county attorney under 15-458 (D)or by county attorney under 15-458 (D)

ASDRC now has authority to consider ASDRC now has authority to consider effect of buy-out of superintendent effect of buy-out of superintendent contract (no authority to buy out though)contract (no authority to buy out though)

FAQ’s: Merging Into One FAQ’s: Merging Into One Governing BoardGoverning Board

Under 15-448 and 15-458, all governing Under 15-448 and 15-458, all governing board members would serve until the next board members would serve until the next general election when all seats would be general election when all seats would be up for election as a 5 member board (in an up for election as a 5 member board (in an election of new unified district)election of new unified district)– Top 3 vote getters have 4-year termsTop 3 vote getters have 4-year terms– Next 2 vote getters have 2-year termsNext 2 vote getters have 2-year terms

Where a high school district is split to form Where a high school district is split to form more than one unified district, the board more than one unified district, the board members of the high school district will sit members of the high school district will sit as members of the unified district in which as members of the unified district in which they reside until the next general electionthey reside until the next general election

FAQ’s: Board Representation of FAQ’s: Board Representation of New Unified DistrictNew Unified District

Could the district adopt a “ward” system Could the district adopt a “ward” system that would provide guaranteed that would provide guaranteed representation from areas of all former representation from areas of all former districts?districts?– Right now, no. The “ward” system authorized in Right now, no. The “ward” system authorized in

statute (and currently in use in only one district) statute (and currently in use in only one district) has been declared unconstitutionalhas been declared unconstitutional

– Problem of One Person, One Vote Equal Problem of One Person, One Vote Equal RepresentationRepresentation

– ASDRC has authority to consider ward system in ASDRC has authority to consider ward system in recommendations but would need law to changerecommendations but would need law to change

FAQ’s: Voting Rights Act FAQ’s: Voting Rights Act ConcernsConcerns

Voting Rights Act: Federal law that Voting Rights Act: Federal law that protects minority voter rights; AZ – protects minority voter rights; AZ – due to past indiscretions -- must get due to past indiscretions -- must get clearance from US Dept. of Justice for clearance from US Dept. of Justice for any plan that may affect minority any plan that may affect minority voting rightsvoting rights– Concern is dilution in strength of minority Concern is dilution in strength of minority

voters; where “majority minority” district voters; where “majority minority” district merges with “majority” Anglo district this merges with “majority” Anglo district this occursoccurs

FAQ’s: District NamesFAQ’s: District Names

How will new unified district name be How will new unified district name be chosen?chosen?– New school board will decide; they have New school board will decide; they have

two years to do it under ASDRC plan (to two years to do it under ASDRC plan (to allow for new representative board to be allow for new representative board to be in place)in place)

FAQ’s: School FacilitiesFAQ’s: School Facilities

Could the merger of districts require or Could the merger of districts require or hinder the building of a new school?hinder the building of a new school?– All school buildings paid for from state All school buildings paid for from state

funds must be built according to standards funds must be built according to standards of Students FIRST and approved by School of Students FIRST and approved by School Facilities Board using formulaic criteria; the Facilities Board using formulaic criteria; the same formula would be applied in this same formula would be applied in this situationsituation

– ASDRC: now has in its authority ability to ASDRC: now has in its authority ability to consider this in making recommendationsconsider this in making recommendations

15-511 Restrictions15-511 Restrictions

15-511 restricts those persons acting on 15-511 restricts those persons acting on behalf of a school district from attempting behalf of a school district from attempting to influence the outcome of an electionto influence the outcome of an election

Districts are now restricted since Districts are now restricted since unification plans are being forward to the unification plans are being forward to the ballotballot

Board members and school employees: Board members and school employees: can do and say anything as long as not can do and say anything as long as not acting in an official capacity or during workacting in an official capacity or during work

A.R.S. § 15-511A.R.S. § 15-511

Similar to many states - meant to Similar to many states - meant to keep public funds from being used to keep public funds from being used to influence important public policy influence important public policy decided at the ballotdecided at the ballot

Keep children out of electoral/political Keep children out of electoral/political debatedebate

Substantially revised in 2003 Substantially revised in 2003 Legislative Session (Laws 2003, Legislative Session (Laws 2003, Chapter 259 - HB2279)Chapter 259 - HB2279)

A.R.S. § 15-511A.R.S. § 15-511 A. “A person acting on behalf of a A. “A person acting on behalf of a

school district shall not use school school district shall not use school district or charter school district or charter school personnel, equipment, materials, personnel, equipment, materials, buildings or other resources for the buildings or other resources for the purpose of influencing the purpose of influencing the outcome of elections.” outcome of elections.”

15-511 A. -- The Break 15-511 A. -- The Break DownDown

A person acting on behalf ofA person acting on behalf of: person must be : person must be acting with express or implied consent acting with express or implied consent

Personnel:Personnel: persons employed by district - persons employed by district - salaried or non-salaried volunteers includedsalaried or non-salaried volunteers included

Equipment:Equipment: copiers, bulletin boards, fax copiers, bulletin boards, fax machines, computers, mailboxes, furniture, machines, computers, mailboxes, furniture, vehicles, postage meters and internet vehicles, postage meters and internet connections - also district communication connections - also district communication networks - newsletters, web pages, etc.networks - newsletters, web pages, etc.

15-511 A. -- Break Down #215-511 A. -- Break Down #2 Materials:Materials: supplies or tools, including paper supplies or tools, including paper

pens, postage, labelspens, postage, labels Buildings:Buildings: includes owned or leased, playing includes owned or leased, playing

fields, parking lots, walls, fencesfields, parking lots, walls, fences Resources:Resources: credit, money or accounts credit, money or accounts Influencing the outcome of: communication Influencing the outcome of: communication

as a whole unambiguously urges a person to as a whole unambiguously urges a person to vote in particular mannervote in particular manner

Election: includes all, including events leading Election: includes all, including events leading to electionto election

A.R.S. § 15-511 A.R.S. § 15-511

B. “An employee of a school district or B. “An employee of a school district or charter school who is acting as an agent charter school who is acting as an agent or working in an official capacity for the or working in an official capacity for the school district or charter school may not school district or charter school may not give pupils written materials to influence give pupils written materials to influence the outcome of an election or to advocate the outcome of an election or to advocate support for or opposition to pending or support for or opposition to pending or proposed legislation.”proposed legislation.”– ABSOLUTE: no materials given to studentsABSOLUTE: no materials given to students– NOTE: also applies to lobbying!NOTE: also applies to lobbying!

A.R.S. § 15-511 A.R.S. § 15-511

C. “Employees of a school district or C. “Employees of a school district or charter school may not use the charter school may not use the authority of their positions to authority of their positions to influence the vote or political influence the vote or political activities of any employee.”activities of any employee.”– No coercion of any kind allowed whether No coercion of any kind allowed whether

blatant, subtle, direct or indirectblatant, subtle, direct or indirect

A.R.S. § 15-511 A.R.S. § 15-511 Other sections:Other sections:

– D. Free speech rights protectedD. Free speech rights protected– E. Attorney General must come up with E. Attorney General must come up with

guidelines by January 1, 2004guidelines by January 1, 2004– F. AG or County Atty can sue in Superior Ct.F. AG or County Atty can sue in Superior Ct.– G. Court imposed fines of $500 per violation G. Court imposed fines of $500 per violation

plus any amount expended (no reimbursement plus any amount expended (no reimbursement from insurance)from insurance)

– H. Attorney acting on behalf of district can H. Attorney acting on behalf of district can request opinion by AG or County Atty about request opinion by AG or County Atty about whether a practice might violate §15-511whether a practice might violate §15-511

What is NOT Covered - What is NOT Covered - LobbyingLobbying

Political Advocacy or Lobbying Effort Political Advocacy or Lobbying Effort – with exception of use of students taking with exception of use of students taking

home materials!home materials! Districts not precluded from having broad Districts not precluded from having broad

advocacy campaign in favor of or in advocacy campaign in favor of or in opposition to state or federal legislationopposition to state or federal legislation

Still must be wary of using public funds Still must be wary of using public funds for non-public purposefor non-public purpose– appearances matterappearances matter

Free SpeechFree Speech

Specifically mentioned in §15-511 that Specifically mentioned in §15-511 that free speech rights trump statutefree speech rights trump statute

Doesn’t matter: Arizona and Federal Doesn’t matter: Arizona and Federal Constitutions apply regardless of statute Constitutions apply regardless of statute referencereference

First Amendment rights, however, are not First Amendment rights, however, are not absolute when in employment or school absolute when in employment or school contexts; First Amendment does not contexts; First Amendment does not confer a right to use public resources for confer a right to use public resources for speechspeech

Free SpeechFree Speech

Free speech rights in §15-511 context Free speech rights in §15-511 context depend on who speaker isdepend on who speaker is– Board members in individual capacityBoard members in individual capacity

as elected officials, Constitution gives them near as elected officials, Constitution gives them near absolute right of speech; wide latitude given on absolute right of speech; wide latitude given on issues of public policy (issues of public policy (Bond v. FloydBond v. Floyd, 1966), 1966)

– Board members as a collectiveBoard members as a collective fewer rights; do have certain rights given under fewer rights; do have certain rights given under

15-481 for report on override election15-481 for report on override election board resolutions in favor of election probably board resolutions in favor of election probably

prohibited prohibited

Free Speech Free Speech

– Administrators, Teachers and Other Administrators, Teachers and Other EmployeesEmployees Public employees can speak freely OUTSIDE of Public employees can speak freely OUTSIDE of

the classroom unless, by doing so, they the classroom unless, by doing so, they significantly disrupt the efficient operation of the significantly disrupt the efficient operation of the school districtschool district

Teachers have greater right of free speech while Teachers have greater right of free speech while not on duty-bound time, even if on campusnot on duty-bound time, even if on campus

Rules ARE DIFFERENT and more restrictive if the Rules ARE DIFFERENT and more restrictive if the speech in question is directed at students, in speech in question is directed at students, in part because students are a captive audiencepart because students are a captive audience

Some Guidelines: The Black Some Guidelines: The Black (or what you definitely CANNOT do)(or what you definitely CANNOT do)

Campaign materials cannot be sent home Campaign materials cannot be sent home with students under ANY circumstanceswith students under ANY circumstances– this includes newsletters where only a part of this includes newsletters where only a part of

newsletter contains messagenewsletter contains message No requirements on employees to take No requirements on employees to take

part in campaign support - even if on part in campaign support - even if on their own timetheir own time

Campaign funds should never be Campaign funds should never be collected on school propertycollected on school property


NO use of school copiers, paper, pens, NO use of school copiers, paper, pens, media equipment, school web sites, media equipment, school web sites, buildings, property or school personnelbuildings, property or school personnel

PTOs/Teacher associations must also PTOs/Teacher associations must also pay full value for any resources used - pay full value for any resources used - if election is discussed at any meeting if election is discussed at any meeting on school premises, and discussion is on school premises, and discussion is meant to influence election, rental meant to influence election, rental charges must applycharges must apply


Paid political consultants to give advice on Paid political consultants to give advice on how to pass measurehow to pass measure

No payment to employees for time spent No payment to employees for time spent on campaign activities on campaign activities – this includes if teacher is on paid assignment this includes if teacher is on paid assignment

as union representative or is official as union representative or is official representative on PTO or site council and representative on PTO or site council and election campaigning takes place election campaigning takes place

Passage of resolution in favor of a ballot Passage of resolution in favor of a ballot proposition (except overrides 15-481(B)(9)proposition (except overrides 15-481(B)(9)


Do not permit candidates and rep’s to Do not permit candidates and rep’s to announce candidacy or advocate for announce candidacy or advocate for election or defeat of opponents in election or defeat of opponents in school buildings except in public forumsschool buildings except in public forums

No petition circulation - individual No petition circulation - individual employees can circulate during non-employees can circulate during non-duty time, outside classroom or at duty time, outside classroom or at school sponsored extracurricular event school sponsored extracurricular event where they have no dutieswhere they have no duties


No campaign signs, banners, stickers No campaign signs, banners, stickers etc. in school district buildingsetc. in school district buildings

No political buttons on school No political buttons on school personnel, or on board members (at personnel, or on board members (at a board meeting)a board meeting)

No use of mailboxes, e-mail or phone No use of mailboxes, e-mail or phone - even if school allows some personal - even if school allows some personal use of these resourcesuse of these resources

Some Guidelines: The White Some Guidelines: The White

(or what you definitely CAN do)(or what you definitely CAN do) For overrides (pursuant to §15-481)For overrides (pursuant to §15-481)

– May use staff, equipment, materials and May use staff, equipment, materials and buildings to distribute informational report buildings to distribute informational report mentioned in statute at the district office or mentioned in statute at the district office or at public hearingsat public hearings

Factual information as to impact of ballot Factual information as to impact of ballot measure (fiscal impact)measure (fiscal impact)

Responses to questions - OK, must be Responses to questions - OK, must be neutral with no clear and unmistakable neutral with no clear and unmistakable pleas to vote one way or anotherpleas to vote one way or another


(or what you definitely CAN do)(or what you definitely CAN do) Individual board members can actively Individual board members can actively

campaign for election issuescampaign for election issues– good practice to disclaim that they are not acting good practice to disclaim that they are not acting

on behalf of board but not required to do so on behalf of board but not required to do so (appearances bring scrutiny however)(appearances bring scrutiny however)

– includes meetings with civic organizations or includes meetings with civic organizations or writing op-ed pieces for newspaperwriting op-ed pieces for newspaper

School employees can do same School employees can do same – if during non-duty timeif during non-duty time– strongly urged to disclaim not acting for districtstrongly urged to disclaim not acting for district


(or what you definitely CAN do)(or what you definitely CAN do) Administrators, staff and other school Administrators, staff and other school

employees can encourage staff, the employees can encourage staff, the public and board members to vote in the public and board members to vote in the election without urging a particular voteelection without urging a particular vote

Superintendents can speak on behalf of Superintendents can speak on behalf of override but must take leave to do sooverride but must take leave to do so

School buildings can still serve as polling School buildings can still serve as polling placesplaces

Private vehicle bumper stickers OKPrivate vehicle bumper stickers OK


(or what you definitely CAN do)(or what you definitely CAN do) Candidate or ballot question forums can be Candidate or ballot question forums can be

held on school grounds but all viewpoints held on school grounds but all viewpoints must be represented and fairly treatedmust be represented and fairly treated– ALL viewpoints must have opportunity to ALL viewpoints must have opportunity to

participate - must make effort to include allparticipate - must make effort to include all Continue to communicate to your Continue to communicate to your

community about the good things community about the good things happening in the districthappening in the district– But watch: type and timing of mailings - But watch: type and timing of mailings -

shouldn’t be done with eye toward influence shouldn’t be done with eye toward influence


(or what you definitely CAN do)(or what you definitely CAN do) Individual Statements of Opinion by Individual Statements of Opinion by

board members in support of electionboard members in support of election– contrast with opinion of “board”contrast with opinion of “board”

Voter registration material can be Voter registration material can be made available - should be done all made available - should be done all the time to avoid appearance of the time to avoid appearance of advocacy effortadvocacy effort– Vote by mail requestsVote by mail requests– Get Out The Vote EffortsGet Out The Vote Efforts


(or what you definitely CAN do)(or what you definitely CAN do) Assistance from paid consultant with Assistance from paid consultant with

mechanics involved in getting measure mechanics involved in getting measure on the balloton the ballot

Bumper stickers in favor or in opposition Bumper stickers in favor or in opposition to a ballot question or candidate can be to a ballot question or candidate can be on an individual’s car on school grounds on an individual’s car on school grounds but not on a public vehiclebut not on a public vehicle

Hold meetings with your employees to Hold meetings with your employees to explain these rules!explain these rules!

Important NoteImportant Note

AG or County Attorney must prove AG or County Attorney must prove that violation was KNOWINGLY made that violation was KNOWINGLY made in order for violation to be foundin order for violation to be found– Can protect employee and district by Can protect employee and district by

having well articulated and having well articulated and disseminated policy prohibiting use of disseminated policy prohibiting use of resources to influence electionresources to influence election

Some TipsSome Tips

Hold informational meetings Hold informational meetings discussing these rules with your discussing these rules with your employees and distribute rules employees and distribute rules – caution that success of ballot measure caution that success of ballot measure

might hinge on bad publicity on part of might hinge on bad publicity on part of districtdistrict

– important since penalties now fall on important since penalties now fall on individual not the districtindividual not the district

– penalties will be severe: reimbursement penalties will be severe: reimbursement could be substantialcould be substantial

Some TipsSome Tips

Retain a contract attorney for the district Retain a contract attorney for the district to answer questions or make sure you to answer questions or make sure you have a county attorney who will make have a county attorney who will make themselves available to answer questions themselves available to answer questions that demand quick responsethat demand quick response

If you make a mistake, self disclose to the If you make a mistake, self disclose to the county attorney or attorney general and county attorney or attorney general and make the needed corrections in policymake the needed corrections in policy– don’t let your enemies report youdon’t let your enemies report you

Questions?Questions?

Chris ThomasChris Thomas

E-mail: [email protected]: [email protected]

1-800-238-47011-800-238-4701

602-254-1100602-254-1100

school district unification: legal questions and answers chris thomas director of legal services...

Documents

elementary districts

unified school districts

number of school districts

unified districts

high school slide

total districts

accommodation districts

larger districts