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LWV League of Women Voters of California Education Fund
Smart Voter
Santa Clara County, CA November 4, 2008 Election
Measure U
School Improvements
Franklin-McKinley School District

Parcel Tax - 2/3 Approval Required

Pass: 13,965 / 73.60% Yes votes ...... 5,008 / 26.40% No votes

See Also: Index of all Measures

Results as of Nov 25 11:10am, 100.0% of Precincts Reporting (42/42)
Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text

Local Elementary School District Achievement Measure. "To improve overall quality of public education and enhance student achievement in local schools by enhancing math, science and literacy instruction; ensuring small class sizes in kindergarten through third grade; retaining teachers and expanding reading, counseling and tutoring programs for at-risk students, shall Franklin-McKinley School District assess an annual parcel tax of $72 per parcel for nine years with citizen oversight, independent audits and an exemption for senior citizen homeowners?"
YES
NO

Meaning of Voting Yes/No
A YES vote on this measure means:
A "yes" vote is a vote to approve a qualified special tax on parcels within the District for a nine-year period of time.

A NO vote on this measure means:
A "no" vote is a vote not to approve the qualified special tax on parcels within the District for a nine-year period of time.

Impartial Analysis from the County Counsel
A school district, following notice and a public hearing, has the authority to levy special taxes upon approval by two-thirds of the votes cast on the special tax proposal pursuant to section 4 of Article XIIIA of the California Constitution and sections 50075-50077, 50079, and 53722 of the California Government Code.

The Board of Trustees of the Franklin-McKinley School District (the District) proposes levying a qualified special tax on each parcel within the District. The owners of each parcel of taxable real property in the District would pay an amount not to exceed $72 per parcel for a period of nine years. Any owner, age 65 and over, who occupies a parcel as a principal residence may be exempt from the special tax upon annual application for exemption.

The specific purpose of the tax is to fund the following: improve math, science and literacy instruction; maintain and expand reading, counseling and tutoring programs for at-risk students; retain and attract qualified teachers; and maintain small class sizes in kindergarten through third grade.

The proceeds of the special tax would be deposited into a separate fund and would only be used for the specific purposes stated in the measure. If the special tax is approved, the District would appoint an independent fiscal oversight committee to review the expenditure of special tax proceeds. The District would prepare and file an annual written report with the Board of Education detailing the amount of funds collected and spent and the status of any project authorized to be funded by this special tax. These accountability measures are consistent with the requirements set forth in Government Code sections 500751 and 50077.3. Additionally, the District would appoint an independent citizen oversight committee to advise the Board of Trustees on the expenditures of the proceeds of the parcel tax and to ensure that the funds are spent for the purposes approved by voters.

Should the levy of the parcel tax result in a decrease or offset in any local, state or federal government revenue sources that would otherwise be available to the District, the District will cease or reduce the levy to the extent that reduction would restore the amount of any decrease or offset in other revenues.

If the special tax is approved, the District's appropriations limit would be increased by the amount equal to the special tax collected for each year the special tax is authorized.

A "yes" vote is a vote to approve a qualified special tax on parcels within the District for a nine-year period of time.

A "no" vote is a vote not to approve the qualified special tax on parcels within the District for a nine-year period of time.

Ann Miller Ravel
County Counsel
By: /s/ Susan Swain
Lead Deputy County Counsel

  Official Information

Franklin-McKinley School District
News and Analysis

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Official Version of Ballot Measure

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Arguments For Measure U
Vote Yes on Measure U to improve the quality of education in our local elementary and middle schools so students continue to achieve.

Our neighborhood schools in the Franklin-McKinley School District set high standards for every student. With strong programs in math science and literacy, student achievement is on the rise.

But with dramatic state budget cuts to education, our local elementary and middle schools are facing serious cuts to academic programs. Without Measure U our schools could lose qualified teachers and class sizes could increase.

Measure U will ensure that neighborhood schools continue to improve and that local students are prepared for future success in our high-tech, 21st century economy by:

  • Enhancing math and science instruction
  • Improving literacy programs
  • Expanding reading, counseling and tutoring programs for at-risk students
  • Maintaining small class sizes in kindergarten through third grade classes
  • Helping retain well-qualified teachers
Measure U will ensure that our qualified teachers provide individualized attention to the youngest students due to small classes in kindergarten through third grades. Tutoring and counseling programs will continue to help at-risk students stay on the right track and succeed in school.

We simply can't rely on the state to adequately fund our schools. Measure U provides guaranteed local funding to improve education in our neighborhood schools.

Measure U Means Fiscal Responsibility

Independent citizen oversight will audit spending and ensure that funds are spent wisely.

Measure U funds go directly to local schools-the state can't take a single penny.

No Measure U funds can be used for administrator salaries.

Measure U expires in nine years and cannot be renewed without voter approval.

Senior citizens can receive an exemption.

Every student in our community deserves a high-quality education to succeed. Please join us to continue improving our local schools-Vote Yes on Measure U.

/s/ Corazon B. Tomalinas
Retired Nurse
/s/ Scott Shulimson
President, Franklin McKinley Education Association
/s/ George Sanchez
President, Board of Education
/s/ Michael Richardson
Business Owner

(No arguments against Measure U were submitted)

Full Text of Measure U
INTRODUCTION AND PURPOSE

To ensure reliable funding to improve the overall quality of education and enhance student achievement in local schools by enhancing math, science and literacy instruction, ensuring small class size in kindergarten through third grade, retain teachers and expand reading, counseling and tutoring programs for at-risk students, the Franklin-McKinley School District proposes to establish an education parcel tax for a period of nine years, beginning July 1, 2009, at the rate of $72 per year, on each assessor's parcel located within the Franklin-McKinley School District, with an exemption available for senior citizens, and to implement accountability measures in connection with the temporary levy that are over and above those required by law, including the appointment of an independent citizen oversight committee to provide oversight and accountability to ensure the funds are used to:

  • Improve math, science and literacy instruction;

  • Maintain and expand reading, counseling and tutoring programs for at-risk students;

  • Retain and attract qualified teachers;

  • Maintain small class sizes in kindergarten through third grade.
AMOUNT OF EDUCATION PARCEL TAX; PERIOD OF ASSESSMENT
The education parcel tax shall be $72 (or less as provided below) per year for nine (9) full years assessed against each parcel.

The proceeds of the education parcel tax shall be deposited into a separate account created by the District.

DEFINITION OF "PARCEL"
For purposes of this special tax, the term "Parcel" means any parcel of land which lies wholly or partially within the boundaries of the Franklin-McKinley School District, that receives a separate tax bill for ad valorem property taxes from the Santa Clara County Assessor/Tax Collector. All property that is otherwise exempt from or upon which are levied no ad valorem property taxes in any year shall also be exempt from the education parcel tax in such year.

EXEMPTION FOR CONTIGUOUS PARCELS
For purposes of this special tax, any such "Parcels" which are (i) contiguous, (ii) used solely for owner-occupied, single-family residential purposes, and (iii) held under identical ownership may, by submitting an application of the owners thereof by June 15 of each year to the Board of Trustees of the Franklin-McKinley School District in accordance with rules and regulations adopted by the Board, be treated as a single "parcel" for purposes of the levy of the education parcel tax.

EXEMPTION FOR SENIORS
Pursuant to California Government Code Section 50079 (b), any owners of a Parcel used solely for owner-occupied, single-family residential purposes and who are 65 years of age or older, may obtain an exemption from the education parcel tax by annually submitting an application, by June 15 of each year, to the Board of Trustees of the Franklin-McKinley School District in accordance with rules and regulations adopted by the Board.

With respect to all general property tax matters within its jurisdiction, the Santa Clara County Assessor/Tax Collector, or other appropriate County tax officials shall make all final determinations of tax exemption or relief for any reason, and that decision shall be final and binding. With respect to matters specific to the levy of the education parcel tax, including the Senior Citizen Exemption and the classification of property for purposes of calculating the tax, the decisions of a District administrative review panel shall be final and binding.

REDUCTION IN TAX IF RESULT IS LESS OTHER GOVERNMENT SUPPORT

The collection of the education parcel tax is not intended to decrease or offset any increase in local, state or federal government revenue sources that would otherwise be available to the Franklin-McKinley School District during the period of the education parcel tax. In the event that the levy and collection does have such an effect, the Franklin-McKinley School District shall cease the levy or shall reduce the education parcel tax to the extent that such action would restore the amount of the decrease or offset in other revenues.

ACCOUNTABILITY MEASURES
In accordance with the requirements of California Government Code Sections 50075.1 and 50075.3, the following accountability measures, among others, shall apply to the education parcel tax levied in accordance with this Measure: (a) the specific purposes of the education parcel tax shall be those purposes identified above; (b) the proceeds of the education parcel tax shall be applied only to those specific purposes identified above; (c) a separate, special account shall be created into which the proceeds of the education parcel tax must be deposited; and (d) an annual written report shall be made to the Board of Trustees of the District showing (i) the amount of funds collected and expended from the proceeds of the education parcel tax and (ii) the status of any projects or programs required or authorized to be funded from the proceeds of the education parcel tax, as identified above.

In addition to the accountability measures required by law, an independent citizen oversight committee shall be appointed by the Board of Trustees of the District to advise the Board on the expenditures funded by the measure in order to ensure that said funds are spent for the purposes approved by the voters. The oversight committee will monitor the expenditures of these funds by the District and will report on an annual basis to the Board and community on how these funds have been spent.


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