Agenda Item
Meeting Date:
4/6/2023 - 7:00 PM  
Category:
Information and Study Items  
Type:
Action  
Subject:
Resolution 22-23-18: Authorizing Withdraw of Territory Transfer Appeal  
District Priorities:
 
Enclosure:
 
File Attachment:
22-23-18 Dismissing Territory Transfer Appeal.pdf
 
Summary:
In September 2022, Summerhill N40 LLC submitted a request to the Santa Clara County Office of Education seeking to transfer territory consisting of three legal parcels from the District and the Campbell Union High School District to the Los Gatos Union School District and the Los Gatos-Saratoga Union High School District (the Transfer). On November 4, 2021, the Board adopting Resolution 21-22-04 formally opposing the Transfer, and subsequently transmitted the Resolution together with a written opposition to the Santa Clara County Committee on School District Organization (the Committee). On March 14, 2022, the proposed Transfer of territory was approved by the Committee. The District filed a Notice of Appeal to the Transfer on April 11, 2022 (the Appeal). The Transfer has been paused and the Appeal has been pending with the California Department of Education (CDE) since that time.

Over the course of the past several months, the District engaged in negotiations with Summerhill to resolve concerns regarding the proposed Transfer and have reached terms of a mutually agreeable resolution. Part of the Resolution includes withdrawing the pending Appeal. CDE has indicated that it requires a formal Resolution adopted by the Board that includes the following:

•The Board no longer opposes the territory transfer
•The Board’s desire to withdraw the appeal from SBE consideration
•The reasons for withdrawal
•A request for the SBE to summarily deny review of the appeal

The Resolution under consideration includes the required elements to submit a request to withdraw the Appeal. This action will not impact the District’s ability to object to future requests to transfer territory. Accordingly, District staff recommends approval of the Resolution.
 
Funding:
 
Recommendation
Staff recommends that the Governing Board adopt Resolution 22-23-18: Authorizing Withdraw of Territory Transfer Appeal.  
Approvals:
Recommended By:
Signed By:
Carlena Grandey - Administrative Assistant to the Superintendent
Signed By:  
Kristi Schwiebert - Superintendent