At its meeting on June 20, the Mingus Union High School District Governing Board unanimously agreed to retain the law firms Gust Rosenfeld and Ballard Spahr for a potential legal challenge to SB 1254, a bill that eases the path for Cottonwood-Oak Creek School District to consolidate with MUHSD.
The bill states if the governing board of a common school district that is part of a union high school district wishes to consolidate with that high school district, the governing board can request consolidation be placed on the ballot without approval from other common school districts or the union high school district.
For local school districts, this means the question of consolidating COCSD and MUHSD could go to vote based on petitions collected by consolidation advocates and a vote of the Cottonwood-Oak Creek School District Governing Board, even though the Mingus board has voted against the move.
Gust Rosenfeld, the Mingus board felt there was sufficient reason to question the legality of measure based on two main issues: The bill goes into effect in August, but the petitions were collected before then; and the bill focuses on consolidation — combining multiple school districts of different areas — whereas the relevant statutes may be related to unification — combining an elementary or middle school district with a high school district.
The board’s vote does not guarantee a legal challenge. It gives instructions to the retained lawyers to look into the legal issues, and, if they believe a legal challenge the bill would have merit, to file a Declaratory Relief Action, seeking a judge’s opinion on how the law is implemented.
“It is set to go forward with respect to a Declaratory Relief Action, assuming that law firm agrees that’s the right course,” said MUHSD Governing Board member James Ledbetter.
The school district cannot make a legal challenge against an election occurring. For that reason, according to Ledbetter, the law firms are also seeking out individuals living in the school district area to serve as plaintiffs. The firm only needs one client to file a suit, but Ledbetter said there are numerous choices.
“Personally, I’ve been encouraged by recent graduates who have come forward who wish to participate,” Ledbetter said.
Representatives of the organizers in favor of consolidation declined to comment for this story.
Susan Segal of Gust Rosenfeld did not answer questions about the firm’s plans or legal opinions, citing attorney-client privilege.
Jon Hecht can be reached at 634-8551, or email jhecht@larsonnewspapers.com
