The CVRA is a law that prohibits the use of an “at-large” election system if it “impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election….” (Elections Code §14027.) One of the key provisions of the CVRA is that it grants a prevailing plaintiff the right to reasonable attorneys’ fees and expert witness fees. (Cal. Elec. Code §14030.) Such fees can accumulate very quickly and plaintiffs have previously claimed they are entitled to these fees the moment a school district receives a demand letter alleging a school district is in violation of the CVRA. Government entities have been required to pay significant amounts even when they have agreed to plaintiffs’ demands or settled a lawsuit.

The only safe-harbor from CVRA litigation is to transition to a by-trustee area or by-district area election system where voters within a particular area elect candidates who must also reside in that same area (similar to U.S. House of Representative seats if California was the jurisdiction).

Under an “At-Large Area Election System,” voters in the school district boundaries can elect any and all candidates, irrespective of where those candidates reside within the district. This election system also includes two variations: candidates must reside within particular areas but voters from the entire district can elect any and all of those candidates, or a combination of an At-Large Area Election System and a By-Trustee Area Election System. Courts have found that this election system may lead to racially and politically homogenous governing boards.

Under a By-Trustee Area Election System, a school district is divided into trustee areas, and voters within a specific trustee area elect candidates who must also reside in that same area. As explained above, a “By-Trustee Area Election System” is the only election system that provides an accepted “safe harbor” from potential CVRA litigation.

National School District currently uses an At-Large Area Election System, where registered voters (i.e., National residents) elect candidates who without reference to where the voters/candidates reside within the National School District’s boundaries.

A By-Trustee Area Election System is the only election system that provides an accepted “safe harbor” from potential CVRA litigation. National School District is considering a transition to a By-Trustee Area Election System to avoid potential CVRA litigation, and increase opportunities for Board representation for candidates that might not otherwise be elected under an At-Large Area Election System.

Under the CVRA, a school district’s Governing Board may start the transition process on their own, or, following receipt of a demand letter alleging CVRA violations. Starting the process prior to receiving a demand letter can preclude any potential fees/costs/penalties owed to a “prospective plaintiff” because doing so before receiving a demand letter means the transition was not started due to the receipt of any such letter.

If the transition is approved, National School District will be divided into trustee areas, and registered voters within a specific trustee area will have the opportunity to elect candidates for National School District’s Governing Board who also reside in that same area. Registered voters will not have the opportunity to elect candidates from trustee areas they do not reside.

National School District’s Governing Board will consider a map of five (5) trustee areas.

There are five (5) board members that comprise the National School District’s Governing Board.

National School District’s Governing Board will hold public hearings prior to proposing the trustee areas, and prior to the adoption of the map option with five (5) trustee areas. Registered voters can assist the Board by attending the public hearings and providing input.

National School District’s Governing Board will consider a range of factors when it forms the map of five (5) trustee areas as part of the transition to a By-Trustee Area Election System. The map options, themselves, must be drawn in compliance with the law, including, compliance with the U.S. Constitution, the California Constitution, and the Federal Voting Rights Act. population balance (each area must contain nearly equal number of inhabitants – though up to a 10% variance between the most and least populated areas is permissible).

An order of priorities for consideration (after compliance with the requirements above): (1) areas must be contiguous; (2) respect local neighborhoods/Communities of Interest; respect City/ Census designated places; follow natural/artificial boundaries to the extent possible; be geographically compact to the extent possible. Additional local considerations are permitted, however, the District may not adopt boundaries for the purposes of favoring/discrimination against an incumbent, political candidate or political party.

As part of this process, the District must determine whether it is possible to create an election district or districts in which a minority group is sufficiently large and geographically compact to constitute a majority in a single-member district and post that analysis with 7 days.

The timeline is provided by the California Elections Code section 10010. A public entity starts a transition from at-large to by-trustee area elections by adopting an initial resolution of intent to start and complete the transition process in time for the next available regular election. National School District’s Governing Board initiated the transition to a By-Trustee Area Election System on February 26, 2025. The currently proposed timeline of events is available on the District’s webpage.

Transitioning to a By-Trustee Area Election System will require National School District’s Governing Board to hold public hearings on proposed trustee area boundaries (or maps) prior to asking the County Committee on School District Organization to approve the transition. If the Committee approves the transition, the By-Trustee Area voting would be held starting with the 2026 Election, on Tuesday, November 3, 2026.

If no qualified candidate emerges from a trustee area by the election deadline (83 days before the election), the National School District’s Governing Board will appoint a resident from that trustee area to fill the vacancy at a meeting prior to the election. (Cal. Educ. Code § 5326.) The appointee must be qualified to hold office and reside within the specific trustee area. Unlike with most typical vacancies, the appointee is allowed to serve “as if elected” for the full term. (Cal. Educ. Code § 5328.)

The District’s Board Policy (“BP”) No. 9223 (Filling Vacancies) describes the process for finding qualified candidates to appoint. Specifically, the Board must advertise in the local media to solicit candidate applications or nominations, and a committee consisting of less than a quorum of the Board shall ensure that applications are eligible for Board membership and announce the names of the eligible candidates. The Board shall interview the candidates at a public meeting, accept oral or written public input, and select the provisional appointee by majority vote. (See Cal. Educ. Code § 5328.5.)

Following each decennial federal census, a school district that uses a By-Trustee Area Election map must adjust the boundaries of any or all trustee areas to reflect population changes. (Cal. Educ. Code § 5019.5.)

In other words, the adjustment are required to ensure that the population of each trustee area is substantially the same proportion of the total population of the district as the ratio that the number of board trustees elected from the area bears to the total number of board trustees of the governing board. The total population of residents, as determined by California Elections Code section 21130(a), will establish substantial proportionality.

No. Under a By-Trustee Area Election System, registered voters are only permitted to vote for one candidate (the candidate that runs from the same trustee area in which the registered voter resides).

The California Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act of 2023 aims to ensure integrity, fairness, transparency, and accessibility of the local redistricting process, and protect people from unrepresentative and dilutive local election systems.

Yes, the California FAIR MAPS Act of 2023 applies to cities, counties, and school districts. (Cal. Elec. Code § 21120.)

As a school district initiates the transition to a By-Trustee Election Area System, the district must draw the map options in accordance with California Elections Code section 21130. This requires the district to comply with the California Constitution, the U.S. Constitution, and the FVRA. The district must determine whether it is possible to create one or more trustee area boundaries where a minority group is sufficiently large and geographically compact to constitute a majority in a single-member district, and publish that analysis within seven (7) days.

The district must also ensure population balance and consider the above-referenced criteria. The district may not adopt trustee area boundaries for the purpose of favoring or discriminating against an incumbent, political candidate, or political party. The demographer is required to create the district’s draft maps without consideration of the current trustee residences.