Court of Appeals agreed to Alameda School Board Petition for Rehearing

In an article by John Fensterwald of Ed Source Today, a website utilized by educators, Piedmont’s “jaw-dropping” proposed school parcel tax is mentioned in regard to school district tax alternatives and tax rates.  The article is made available here  to increase understanding of the dilemma faced by Piedmont School District policy makers in their effort to comply with the recent court ruling on the city of Alameda Unified School District’s parcel tax plan. 

On December 6, 2012, the state Court of Appeals found in favor of Alameda large commercial property owners and invalidated parts of Measure H (a school parcel tax approved by Alameda voters 2008) that taxed commercial parcels of more than 2,000 square feet 15 cents a square foot, capped at $9,500 annually. The Appeals Court struck down part of the measure’s rate structure, leaving only the flat $120 rate paid by Alameda residential property and small commercial property owners valid.

On December 12, 2012, the Alameda School Board voted to challenge the Appellate Court December 6, 2012 decision and filed a petition for a rehearing.  On Monday, January 7, 2013, in response, the Court of Appeals agreed to rehear the appeal of the trial court decision upholding Measure H, which the Appellate Court had overturned in part.

If the ruling stands after rehearing and any subsequent appeal, the Alameda School District “may have to reimburse businesses several  million dollars that Measure H raised illegally during the three years it was in effect”.  

See Ed Source Today article.

See First District Court of Appeals decision in Borikas vs Alameda Unified

Rational classification among taxpayers or types of property supported in new bill –

On Monday, January 7, 2013, Assembly member Rob Bonta of Oakland introduced AB 59, which clarifies that existing law authorizes school districts to assess parcel taxes in accordance with uniform property classifications.  If it ultimately passes, Piedmont and other cities could classify commercial and residential property separately for school taxes.  It also specifically allows rational classification among taxpayers or types of property.  Sections of particular interest to Piedmont include:

“The provisions in this section requiring uniform application of taxes shall not be construed as limiting a school district from assessing taxes in accordance with rational classifications among taxpayers or types of property within the school district. This subdivision is declaratory of existing law, and shall apply to transactions predating its enactment.”

Read Assembly Bill  number  AB 59

State Public Schools Receive an “F” in State-by-State Rating

On Monday, January 7,  Students First released its comparison of all US states’ K-12 educational  policies and governance.  This is a rating of how well the adults are serving the children in their public educational systems.  While no state earned an A, the results cut across party lines, providing some surprising results.  The highest-ranking states were Florida, Louisiana and Rhode Island.   F’s were given to Alabama, California, Iowa and New Hampshire.

States were rated on three criteria:

• Personnel decisions based on meaningful evaluations of teachers and principals to elevate the education profession

• Empowerment of parents with adequate information and choice

• Spending resources wisely and governing well

Read the full report

Evaluate the methodology

Community Hall Tree

On Wednesday morning,  January 2, the holiday lights were removed from the slender redwood tree in front of the Piedmont Community Center, a sure sign that the holidays are over.

As we begin 2013, the Piedmont Civic Association (PCA) thanks all our readers, contributors and commenters.  It is your interest and support throughout 2012 that made the issues and discussions on the PCA website an even greater success this past year than in 2011.  As the only news organization in Piedmont that does not support or oppose candidates or ballot measures, PCA is committed to providing a community forum open to all points of view on civic matters.

We look forward to your thoughts, ideas and opinions about how best to maintain and enhance Piedmont as a desirable community throughout 2013 and the years to come.

The Editors