Parents in the Placentia-Yorba Linda Unified School District lost a suit alleging that the district had violated the Brown Act, California’s open meeting law, in setting boundaries for a new high school. -db
Orange County Register
September 22, 2010
By Jessica Terrell
YORBA LINDA – Frustrated parents suing the Placentia-Yorba Linda Unified School District failed to provide sufficient evidence that the district violated any laws in the setting of Yorba Linda High School’s boundaries in 2009, a judge ruled Wednesday.
Orange County Superior Court Judge Gail Andler ruled in favor of the district in two cases that had gone to court on Sept. 13, in an attempt by parents and community members to get the boundaries thrown out.
Boundaries for the new high school, which opened in fall 2009, were set six months earlier and have drawn fire ever since from a group of parents outside the boundaries, and community members concerned about traffic and the environmental impact of commuters.
The lawsuits, or petitions, alleged that Smith violated the Brown Act by having a series of private meetings with school board members, and that the school district failed to properly consider potential environmental impacts when setting the boundaries.
Both were denied by the judge.
Petitioners in the case are correct that the Brown Act prohibits board members having serial one-on-one meetings to decide agenda items in secret, Judge Gail Andler ruled, but the act does not prohibit informational conversations between board members or their staff.
“While the court does not doubt the sincerity of the belief of Petitioners that the Board acted improperly when it rescinded approval of the boundary plan known as Scenario #1 and replaced it with the boundary plan known as Scenario #2, they have not provided the court with sufficient admissible evidence to establish that the Ralph M. Brown Act was violated,” the ruling stated.
Two scenarios received the most consideration in 2009, when the boundaries were being debated.
Scenario 1 would have split up fewer elementary school graduating classes – two versus four – while Scenario 2 had the advantage of being defined by more major thoroughfares, meaning fewer students crossing busy streets.
Under Scenario 2, which was ultimately chosen, Bryant Ranch students all go to Yorba Linda High, while an estimated 55 percent of Travis Ranch students are expected to go to Yorba Linda High and 45 percent – those south of Yorba Linda Boulevard – are expected to head to Esperanza.
In the suit over violations of the California Environmental Quality Act, the judge ruled that the parents delayed too long in filing their suit, and failed to provide proper evidence to support their arguments that the district failed to comply with its organizational plan.
“The ruling was very much in favor of the district,” Smith said. “It’s good that we can move forward.”
Opponents of the district had vowed outside of court on Sept. 13 that even if the judge ruled against them, they would continue their fight.
The group said it was hoping that after the November election, a new school board will commission a new environmental study and reconsider the boundaries.
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One Comment
Regardless of the ruling, it doesn’t sound like there was enough communication between board members and the community. Perhaps the school board was attempting to avoid potential controversy from the start.
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