- Santa Clara Unified School District
- CVRA: By-Trustee Area Voting
CVRA: By-Trustee Area Voting
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What is CVRA?
Senate Bill 976, also known as the California Voting Rights Act of 2001 (CVRA), signed into law in 2002, prohibits the use of any election system “that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election.” Jurisdictions can be sued if they elect their governing body using an “at-large” election system. If the court finds against a jurisdiction, the jurisdiction must change its election system to a “by-trustee area” election system and pay the plaintiff’s attorneys, experts, and other expenses. Jurisdictions that fought CVRA claims have paid settlement or judgment amounts ranging from $3,000 to over $4 million.
Why Transition to By-Trustee Area Elections?
While the district does not believe that its current form of elections violates the CVRA, it does believe that it is in the public interest to begin the process to transition from at-large to by-trustee area elections to minimize the future potential for impermissible racially-polarized voting or legal claims. The only election system that provides Santa Clara Unified School District (SCUSD) complete protection from a CVRA legal claim is a by-trustee area election system.
More Information
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SCUSD By-Trustee Area Transition Process
On January 19, 2021, the SCUSD Board of Trustees adopted Resolution #21-01 to Initiate a Transition to a By-Trustee Area Election System Commencing with a 2022 Governing Board Election and Statement of Intent to Seek a Waiver of the Election Requirement from the State Board of Education, declaring its intent to transition from at-large to by-trustee area board elections.
Pursuant to Education Code section 35012, the seven members of SCUSD’s Board of Trustees are currently elected under an at-large election system, where trustees are elected by voters in the entire district. Board members are elected in even-number years and serve staggered, four-year terms, such that the next election for the two trustee seats is scheduled for November 2022, with the remaining trustee seats scheduled for election in November 2024.
In by-trustee area elections, each board member must reside within the designated trustee area boundary and be elected by equally populated “trustee areas.” The new system is considered a “by-trustee area” system and conforms with the California Voting Rights Act (CVRA). Voters would only vote for one seat on the school district’s board. The intent of this proposed system is to offer greater opportunities for board representation for candidates who might not otherwise be elected under an at-large system.
The public is invited to provide input on the trustee area boundary mapping during public hearings prior to the Board of Trustees asking the Santa Clara County Committee on School District Organization (County Committee) to approve the change. Opportunities for public input regarding the content of the draft maps and the sequence of elections include but are not limited to four public hearings. Pursuant to Elections Code section 10010, subdivision (a), the district will hold at least two public hearings before the drawing of draft trustee area maps and two public hearings after all the draft maps are drawn. The tentative dates and times of the currently scheduled upcoming public hearings are shown below.
Based on the tentative schedule below, it is expected that the Board of Trustees will vote on the final trustee area maps and send them on to the county committee for approval during their December 9, 2021 board meeting.
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Public Hearing Schedule (Tentative)
Public Hearings — Prior to Creation of Map Options
September 9, 2021 | 6:30 p.m.
Location to be determined*September 23, 2021 | 6:30 p.m.
Location to be determined*Public Hearings — After Creation of Map Options
October 28, 2021 | 6:30 p.m.
Location to be determined*November 18, 2021 | 6:30 p.m.
Location to be determined*December 9, 2021 | 6:30 p.m. **
Location to be determined*Note:
* Public hearing locations will be determined during the summer of 2021.
** The Board of Trustees vote on “by-trustee area” boundaries will immediately follow the third post-map release Public Hearing on December 9, 2021 at 6:30 p.m.
