Whether you are learning about the school charter amendments for the first time, signed the amendment petition under the impression it would change the middle school location (spoiler: it doesn’t), or generally want to learn more, here is a breakdown of what is on the ballot and the broader implications for our school district.
Review of Charter Amendment 1 (A1)
Amendment 1
“No Concord public school existing as of January 1, 2024, including but not limited to the District’s middle school, (Rundlett Middle School), shall be relocated from the parcel on which it was situated as of January 1, 2024, to be rebuilt or replaced elsewhere, without an affirmative simple majority vote of Concord School District voters voting on the question ratifying such relocation. This amendment shall be effective immediately upon passage.”
Concerns with Amendment 1
The proponents’ intent is to require a public vote on school locations. But the language of the amendment is confusing. It appears A1 only applies to schools that exist on January 1, 2024. Following that logic, anything built after that date does not require a vote of residents. Let’s say a future board wants to add a new elementary or preschool. Concord residents could not vote on that location because that school didn’t exist on January 1, 2024. Perhaps a future board decides to build a second middle school. That doesn’t go to a vote either because it’s not an existing school being relocated.
Let’s focus on Rundlett specifically for a moment. We know that site decision was made in December 2023 under the charter as it existed in December 2023. There is strong agreement this new charter language cannot apply retroactively, since a vote has already been cast. The proponents appear to agree because they specifically added language stating, “this amendment shall be effective immediately upon passage.” This appears to be a clear acknowledgement that the clause is not effective prior to passage. If the amendment passes, it will most likely be decided after a lengthy and costly legal debate, further delaying decisions around the middle school.
Review of Charter Amendment 2 (A2)
Amendment 2
“No parcel of real property owned by the Concord School District, larger than one acre, shall be sold, gifted, or exchanged by the District without an affirmative simple majority vote of Concord School District voters voting on the question. This amendment shall be effective immediately upon passage.”
Concerns with Amendment 2
The proponents’ intent is to restrict the board from releasing real property without a public vote, likely with Rundlett specifically in mind. The district, though, has multiple other properties to consider that could be quite cumbersome for voters to weigh in on in the future. Requiring earlier public discussion about potential real estate transactions puts the district at a disadvantage when negotiating prices and getting the best deal for the taxpayers. The timing issue A2 creates is also difficult. If the district has a buyer for a property but is required to wait months for the next general election to get voter approval, that transaction could easily fall apart, even if it’s favorable to the community. Additionally, shifting market trends could force a less-than-ideal sale after voter approval.
It is also notable that the proponents did not include real estate purchases in this amendment. So, while the change puts restrictions on sales (revenue), there is no restriction on board spending for purchases (cost).
Key Takeaways:
- If you’re a voter looking to have a role in choosing future locations for our schools, the amendments don’t cover new schools.
- If you’re a voter worried about protecting the Broken Ground greenspace, the amendments don’t empower you to have a vote on building on that site in the future.
- If you want to keep Rundlett where it is, these amendments don’t guarantee that result, certainly without taking it to the courts.
- If you’re worried about tax rates and district spending, neither amendment impacts the board’s financial decisions, and may have the unintended consequence of decreasing revenue on real estate transactions and increasing potential costs (elections, legal fees).
More Background: What is the Concord School District Charter?
The Concord School District charter is a governing document that outlines the structure and authority of the school district. It outlines when board elections are held, how budgets are set and approved, the format of public meetings, and so on. The state legislature long ago authorized such a charter– the “Concord Union School District” was established in 1917! In 1961, the legislature authorized the School Board governance structure as we know it today and preserved fiscal independence from the City.
The Concord School District charter is the envy of districts throughout the state because it allows the board to be nimble and responsive to the immediate needs of families and taxpayers. The elected school board members are charged with setting budgets that balance fiscal responsibility and the needs of students. It has been a long-time cost benefit to the community.
Recently, in 2022, a charter commission was established per the existing charter to conduct a 10-year review and offer amendments. The revised charter passed by a majority vote in November 2022. At no time during the charter commission’s months long public process did any member of the community ask for changes on the school board’s ability to set the locations for schools or to sell district real estate in a timely manner. Amending the charter now to remove the school board’s authority to do so undermines the duty imparted to them when they are elected to serve and erodes the integrity of a highly successful governing structure that has worked for decades for the people of Concord.
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Keep Concord Schools Strong 