1160
BP
Board Policy
Political Processes
The Board of Education has a responsibility to actively advocate fiscal and public policy that supports the district's schools and the children in the community. To the extent possible, the Board shall be proactive in defining the district's advocacy agenda based on the needs of the district and the direction set forth in the district's vision and goals.
The Board may establish reasonable regulations related to Board members and employees engaging in political activity during working hours and on district premises. (Education Code 7055)
Legislation
The Board's responsibility as an advocate for the district may include lobbying at the state and national levels.
Because local governments also make decisions which impact the district's schools, the Board and the Superintendent or designee shall work to establish ongoing relationships with city and county officials and agencies, and shall inform them of the potential effect of local issues on the schools.
The Board shall identify issues that will affect its schools and the children in its community, establish goals and priorities for legislative advocacy, solicit community input and adopt legislative positions. The Superintendent or designee shall establish a coordinated plan for carrying out the advocacy agenda, including specific activities, target groups or individuals, staff responsibilities and timelines.
In order to strengthen legislative advocacy efforts, the district may work with organizations and coalitions and may join associations whose representatives lobby on behalf of their members.
As necessary, the Superintendent or designee may draft legislative proposals which serve the district's interests.
The Board may provide fair and impartial information about legislative issues affecting schools and children and shall inform the community about its legislative advocacy activities.
Ballot Measures/Candidates
The Board may study the potential effect of ballot measures on the district's schools. Any Board discussion of the effect of such measures shall include an opportunity for Board members, staff and members of the public to speak on all sides of the issue. Following such study, the Board may adopt positions in support of or in opposition to ballot measures of importance to education.
The Board's positions shall be publicized only through normal district procedures for reporting Board actions and in a manner that does not attempt to influence voters.
No district funds, services, supplies or equipment shall be used to urge the support or defeat of any ballot measure or candidate, including any candidate for election to the Board. (Education Code 7054)
District resources shall not be used to disseminate campaign literature or to purchase advertisements, bumper stickers, posters or similar promotional items that advocate an election result.
The Superintendent or designee may use district resources to provide students, parents/guardians and community members with fair and impartial information related to ballot measures, including information about the impact of ballot measures on the district. (Education Code 7054)
In preparing or distributing such information, the Superintendent or designee shall ensure that the totality of the circumstances, including language, style, tenor and timing, does not expressly advocate passage or defeat of a measure or candidate.
The Superintendent or designee may research, draft and prepare a bond measure or other initiative for the ballot, but shall not use district resources to secure signatures in order to qualify the measure for the ballot.
Upon request, Board members and district administrators may appear at any time before a citizens' group to explain why the Board called for an election on a bond measure and to answer questions. (Education Code 7054.1)
If the presentation occurs during working hours, the district representative shall not urge a citizens' group to vote for or against the bond measure.
For informational purposes, the Superintendent or designee may conduct a poll related to a ballot issue. Such a poll shall not advocate a particular position on the issue.
Legal Advocacy
The Board recognizes that some issues are more appropriately addressed judicially rather than legislatively. When a legal issue is likely to set a state or national precedent, the district may join with other districts or parties in order to challenge the issue through litigation or other appropriate means.
Political Forums
Forums on political issues may be held in district facilities as long as the forum is made available to all sides of the issue on an equitable basis. (Education Code 7058)
Legal & Management References
State
2 CCR 18600-18640 - Lobbyists
2 CCR 18901.1 - Campaign related mailings sent at public expense
Ed. Code 35160 - Authority of governing boards
Ed. Code 35172 - Promotional activities
Ed. Code 7050-7058 - Political activities of school officers and employees
Ed. Code 7054 - Use of district property
Ed. Code 7054.1 - Requested appearance
Ed. Code 7056 - Soliciting or receiving political funds
Elec. Code 9160-9170 - Ballot label; support and opposition listings
Elec. Code 9501 - School district elections; arguments for or against a measure
Gov. Code 53060.5 - Attendance at legislative body; expenses
Gov. Code 54953.5 - Audio or video recording of proceedings
Gov. Code 54953.6 - Broadcasts of proceedings
Gov. Code 81000-91014 - Political Reform Act
Gov. Code 82031 - Definition of independent expenditure
Gov. Code 8314 - Unlawful use of state resources
Management Resources
Attorney General Opinion - 73 Ops.Cal.Atty.Gen. 255 (1990)
Attorney General Opinion - 88 Ops.Cal.Atty.Gen. 46 (2005)
Court Decision - Choice-in-Education League et al v. Los Angeles Unified School District (1993) 17 Cal.App.4th 415
Court Decision - League of Women Voters v. Countywide Criminal Justice Coordination Committee (1988) 203 Cal.App.3d 529
Court Decision - Miller v. Miller (1978) 87 Cal.App.3d 762
Court Decision - Santa Barbara County Coalition Against Automobile Subsidies v. Santa Barbara County Association of Governments (2008) 167 Cal.App.4th 1229
Court Decision - Stanson v. Mott (1976) 17 Cal. 3d 206
Court Decision - Vargas v. City of Salinas (2009) 46 Cal. 4th 1
Court Decision - Yes on Measure A v. City of Lake Forest (1997) 60 Cal.App.4th 620
CSBA Publication - Legal Guidelines for Lobbying Activity, Fact Sheet, February 2011
CSBA Publication - Legal Guidelines: Use of Public Resources for Ballot Measures and Candidates, Fact Sheet, February 2011
Institute for Local Government Publication - Legal Issues Associated with Use of Public Resources and Ballot Measure Activities, June 2010
Website - CSBA District and County Office of Education Legal Services
Website - Institute for Local Government
Website - Fair Political Practices Commission
Website - CSBA
Cross References
0200 BP Goals For The School District
1000 BP Concepts And Roles
1100 BP Communication With The Public
1112 BP Media Relations
1114 AR District-Sponsored Social Media
1114-E PDF(1) AR District-Sponsored Social Media
1325 AR Advertising And Promotion
1330 AR Use Of School Facilities
4119.25 AR Political Activities Of Employees
4219.25 BP Political Activities Of Employees
7214 AR General Obligation Bonds
9000 AR Role Of The Board
9010 AR Public Statements
9124 AR Attorney
9200 AR Limits Of Board Member Authority
9230 AR Orientation
9250-E(1) AR Remuneration, Reimbursement And Other Benefits
9320 AR Meetings And Notices