Letter: AUSD Superintendent's Message to the Community

Dear Alameda Community, 

I’m writing with an update on some important statewide issues that will affect what funds we have available in the District in coming years to provide opportunities for students, teachers and staff.

State Releases Analysis of Proposed Seven Year Implementation of Local Control Funding Formula

Recently the State released estimates of how school districts would be funded over the next seven years under the Governor’s latest proposal to reform California’s school finance system through a “Local Control Funding Formula (LCFF).” The LCFF proposal is essentially a revision of the Governor’s “Weighted Student Formula” that the legislature rejected last year. At first glance, the long-run revenue estimates the State released are encouraging as we look ahead at the opportunities such State funding could provide for our students, teachers and staff  over the next seven years.

At the same time, many questions about LCFF remain. For example, it is unclear whether the legislature will amend LCFF in substantial ways this spring, whether the legislature will ultimately approve LCFF at all, whether LCFF would begin as proposed in 2013-14 or would not begin until 2014-15, and whether State tax revenues will be sufficient to fund the increases the Governor has proposed for LCFF to be implemented as proposed for seven years until it is scheduled to be fully funded in 2019-2020. AUSD staff is continuing to analyze the many implications of LCFF, including how the proposed LCFF would compare with our expected total funding (including categorical funding and Tier III) under the current system over the same seven year time period the Governor has proposed for implementing LCFF.

Robles-Wong v. CA School Finance Reform Litigation Heading to Oral Arguments in California Court of Appeal

The policy rationales for the Governor’s LCFF proposal are based on much of the same analysis of the inadequacies and inefficiencies of California’s school finance system that six years ago prompted Alameda community members to begin working on the possibility of suing the State over California’s broken school funding system.

After years of hard work finding outstanding pro bono legal counsel who would take the case at no cost to the District, we joined with diverse individuals, organizations and school districts across California to form a broad coalition willing and able to challenge to the State’s broken school finance system. In May 2010 we filed the historic civil rights lawsuit Robles-Wong v. CA challenging the constitutionality of the State’s school finance system. AUSD and four Alameda families are individual plaintiffs in that case, which is now in the California Court of Appeal. Currently, we are waiting for the Court of Appeal to schedule oral arguments in the case.

Update on Parcel Tax Litigation: Latest Court Ruling Put Millions of Dollars at Risk

Last week the California Court of Appeal ruled for the second time in the case of Borikas et al. v. AUSD, a lawsuit filed by parcel tax opponents challenging the legality of Measure H, a parcel tax passed in 2008. Consistent with the Court’s ruling in December (which the Court had vacated in January when granted the District's petition for rehearing) yesterday’s ruling validated parts of Measure H and declared invalid other parts of Measure H. The Court of Appeal sent the case back to the trial court to determine whether plaintiffs are entitled to any further remedies. Approximately $7.4 million in revenues for educational programs and teachers in the District are at risk if the trial court orders refunds. We will be reviewing next steps, including the possibility of appealing to the California Supreme Court, with the Board at next week’s Board meeting.

District Takes Steps to Support State Assembly Member Bonta's AB 59 on Parcel Taxes

While we continue to defend Measure H in court, the state legislature is also considering legislation that would clarify the law to explain the flexibility school districts have been using in local funding measures across the state for almost 30 years. Last month Assembly Member Rob Bonta, representing Alameda as part of the 18th Assembly District, introduced Assembly Bill No. 59 (AB 59), which clarifies that existing law authorizes school districts to assess parcel taxes similar to Measure H and with other structures in accordance with uniform property classifications.

Last month the Board of Education approved a resolution in support of AB 59. The District is continuing to work with Assembly Member Bonta and others in Sacramento to support AB 59. As part of that support, the District has hired a Board-approved lobbyist to help our collective efforts to have AB 59 enacted into law.

We will continue to keep you posted on developments on these important matters in the legislature and the courts.

As always, feel free to email me at kvital@alameda.k12.ca.us  or call me at 510.337.7060 with your feedback, questions and any concerns.

Sincerely,
Kirsten Vital                                                                                             Superintendent of Schools