by smf for 4LAKids News
4 January 2013 :: Marguerite LaMotte was the official LAUSD representative to the California School Boards Association. She died while attending a CSBA conference. Perhaps it would do the surviving LAUSD Board of Ed good to acquaint themselves with the following guidelines before they do whatever they are going to do in filling the vacancy on the LAUSD Board.
These are guidelines …but that said they contain reference to Ed Code, Government Code and Elections Code - and the board should pay special attention to the law part. The CSBA Guidelines not rooted in law are based on a 1975 California Attorney General's Opinion on filing vacancies to elective office. [58 Ops.Cal.Atty.Gen. 888 (1975)]
I strongly suggest that the board familiarize themselves with the CSBA Guidelines, the law, and the experience, lessons learned and best practices of others.
LAUSD is extraordinary and unique, but not necessarily exceptional.
A rather loud critic of the District has stated elsewhere that the state law governing filling board vacancies trumps the Los Angeles City Charter – going on to question the morality and ethics of everyone+anyone that does not agree with his opinion. While I agree that the leadership could benefit from an infusion of ethics, I also think we could benefit from a whole let less name calling and motivation questioning.
I direct your attention to the following – which categorically states that the L.A. City Charter is precedential to state law in this instance:
Education Code § 5200
Chapter 2. Boards of Education. Article 1. Districts Governed
Any unified school district that is coterminous with or includes within its boundaries a chartered city or city and county shall be governed by the board of education provided for in the charter of the city or city and county. Sections 5000, 5017, 5090, 5091, 35013,35101, and 35105 shall not apply to such unified school districts, except as follows:
(a) As provided in the charter of the city or city and county.
(b) If the charter of the city or city and county fails to provide for a board of education or for any or all of the matters specified in Sections 5000, 5017, 5090, 5091, 5222, 35013,35101, and 35105, those sections shall apply as to the matter not provided for in the charter.
(Amended by Stats. 2010, Ch. 89, Sec. 4.)
Perhaps, Mr. Folsom, you should start by asking if LAUSD abides by any of CSBA guidelines.
ReplyDeleteIndeed, LAUSD is a member of CSBA but does not adhere, for example, to the belief espoused in CSBA that Board Members can generate policy as well as oversee it.
Therefore, there is no reason to a priori believe that LAUSD will follow CSBA guidelines for filling a vacancy.
I strongly suggest you ask Mr. Crain if this particular guidance is followed by the LAUSD Board. I suspect it isn't since it is not in the Board Rules.