Regl_School_Final_Chapter

Chapter Three

Regional Board of Education Representation

One of the motivating factors for small towns to become members of regional school districts rather than tuition out students, is the opportunity for town voters to have elected representation, more input into educational decisions, and greater control over costs. Although state law, based on federal constitutional principles, largely determines the voting power of member towns in a regional school district, the composition of the regional board, including the number of elected board members and the voting method is established when a regional school district is created.

Because of the multi-town nature of regional school districts, representation is a key issue in some towns especially in those districts where the demographics have changed from the time it was originally established. This chapter discusses the issues related to representation in a regional structure, and the various methods for and manner of representation that exist among the 17 regional school districts in Connecticut. In addition, the reapportionment process, required when U.S. census data show population shifts among towns belonging to regional school districts, is also summarized.

Plan of Representation

Representation issues in regional governance. A key factor in determining the voting power of the individual towns in a regional district is the state law, based on federal constitutional principles, that board representation be based on population. In interviews conducted by program review committee staff, some municipal officials belonging to smaller towns in regional districts expressed frustration at their town's lack of voice in board matters because the voting weight of the larger town can dominate board decisions. This belief is exacerbated when different views exist among towns on educational funding goals, especially those related to capital expenditures and school budget increases. Although such differences occur among board members in single town school systems, the factious nature of the disputes can divide a regional district along town lines. As a result, if a budget vote is along town lines, the larger town can pass the budget, even if the smaller town votes against it.

Another source of dissatisfaction with regional governance is in regions with similar student populations. While a town's share of education costs is based on its number of students, voting power is related to its share of the region's total population. So, less populous towns with a comparable number of students to populous towns in the same region pay the same amount but have less voting power.

Types of representation plans. Currently, there are a total of 161 regional school board members among the 17 regional school districts³. At the time a regional school district is established, or if reapportionment is required, there are four types of representation models available to voters including⁴:

Proportional - the number of regional board members from each town is in the same proportion as each individual town's population is to the total population of the entire regional district. Voters from each town elect their own board members and each member has one vote. For example, in Region No. 18 the town of Lyme has 21 percent of the population and Old Lyme has 79 percent. Lyme is represented by two of the nine members of the board (22 percent) and Old Lyme has seven members (78 percent).
Weighted - the voting power of each member is weighted in the same proportion as the town's population is to the total population of the entire regional district. Typically, the regional board has an equal number of members from each town. Voters from each town elect their own board members. In Region No. 16, Beacon Falls' population makes up 37.6 percent of the region and Prospect's equals 62.4 percent. Each town has four members, but Beacon Falls' representatives vote totals 2.8 votes (or 35 percent of total votes); while the Prospect member's vote totals 5.2 votes (or 65 percent of total votes).
At-Large - board members are elected by voters in the entire regional school district as a whole rather than from separate towns. Region No. 14 is the only at-large regional district and has a total of eight members with a residency requirement of four from each town. Each member is eligible to cast one vote.
Other - The statute allows for any other type of representation that meets federal constitutional standards as long as the number of board members or voting weight of the members is in the same proportion of each individual town's population to the region's total population. In Connecticut, four regional boards have hybrid representation plans. These regions have either proportional or weighted plan with a crossover provision. This provision requires that in order for certain items to be adopted by the board (outlined in each plan of representation) there must be a majority vote with at least one member from each town voting in the affirmative.

Connecticut law requires each regional school board have at least five board members. The term of office is four years (based on a two-year system of rotation for elections). Table III-1 shows the composition of and voting method used by each regional school district. The most common type of representation method used is weighted voting.


Table III-1. Regional School Board Representation.
*Regional* *School* *District*	*No. of Towns* *Belonging*	*No. of Board Members*	*Proportional* *Voting*	*Proportional* *with Crossover*	*Weighted* *Voting*	*Weighted with Crossover*	*At Large*
1	6	6			X
4	3	9			X
5	3	13		X
6	3	9			X
7	4	8			X
8	3	11	X
9	2	8				X
10	2	10		X
11	3	9			X
12	3	12	X
13	2	10	X
14	2	8					X
15*	2	10				X
16	2	8			X
17	2	11	X
18	2	9	X
19	3	12			X
TOTAL	47	161	5	2	7	2	1
Source: SDE as of 1/03 * Region No. 15 plan has not yet adopted a reapportionment plan. On November 19, 2002, the commissioner of education imposed a weighted vote effective November 29th because of insignificant progress made by the Regional School Reapportionment Committee toward adoption of a new plan. The commissioner has asked the committee to reconvene and the next meeting will be January 23, 2003. If a new plan is not established within 3 months from the commissioner's order of weighted voting, the State Board of Education will establish a plan.

Nominations, elections, and terms of office. Candidates for the regional board under all the representation models above, except for at-large, are nominated by their respective town committees. Under the at-large method, nominees are selected by town meeting.

Regional School Reapportionment Process

Five regional school boards were required to undergo reapportionment as a result of the 2000 U.S. Population Census (Region Nos. 10, 12, 13, 15, and 17). Although several of the elements are similar to the processes described in the last chapter (appoint a committee, issue written report of committee plan, SBE review and approval of plan, and simultaneous referendum in member towns) the commissioner of education has a greater role in assessing the progress of the committee and can even impose a default representation plan. Figure III-1 outlines the process that must be followed to redistribute board representation if there is a shift in population among member towns.

Powers and duties of reapportionment committee. The process begins with the legislative body of each town appointing a Regional School Reapportionment Committee (each town appoints five members, of which two must be school board members). The reapportionment committee is responsible for recommending adjustments to the existing plan of representation. The committee must submit a reapportionment plan within three months after the first organizational meeting and SBE must approve or reject the plan within 30 days of the submission.

SBE and town approved plan. If SBE approves the plan, the committee holds a public meeting in each town of the district to present the approved plan and sets a date for a simultaneous referendum in each town. If a majority of votes in each town is affirmative, the plan is established and is effective seven days after the referendum. If the plan requires the number of board members be reduced, it is based on the unexpired portion of members' terms with the shortest terminated first. If additional members are required, the legislative body fills the vacancy.

If the majority vote in any town rejects the plan after SBE approval, the reapportionment committee recommends to the legislative body of the town whether to resubmit the question to voters a second time. If a second referendum is held and the majority vote in all towns accepts the plan, it is established. If a second referendum is not held, or the plan is rejected in a second referendum, the commissioner of education issues notice of insignificant progress.

SBE rejected plan. If SBE rejects the plan, the state board is required to state the reasons in writing and suggest modifications. The committee has 20 days to revise the plan and resubmit it to SBE. If the committee refuses to revise plan, or the revised plan is again rejected, the commissioner of education issues written notice of insignificant progress.

Issuance of insignificant progress notice. During the reapportionment process, state law requires the commissioner of education be kept informed of the committee's progress and assist the committee in establishing a plan. The law also gives the commissioner, under certain circumstances, authority to impose a weighted vote on regional school boards for a limited time period if significant progress toward reapportionment is not being made and SBE the ultimate authority to establish a reapportionment plan when no progress is made. The criteria to be used by the commissioner in evaluating whether significant progress is being made include:

refusal of the legislative body of a town to appoint members to the reapportionment committee;
refusal of a committee to submit plan of representation which has SBE approval;
rejection of a plan by the voters of any participating town; or
any other block in the progress toward establishing a plan.

If the commissioner determines progress is not being made, there are many opportunities for the towns to still approve a plan. First, the commissioner notifies the chief elected official of each town and the reapportionment committee in writing, that unless significant progress is made, the commissioner will require the board act only by weighted vote. At the end of the 30-day period the commissioner assesses whether progress has been made, and if not, notifies the board in writing, that effective 10 days from the date of the notice the board can act only by weighted vote until a plan of representation is adopted.

If a plan is still not established three months after the commissioner imposes a weighted vote on the regional board, the SBE mandates a representation plan which has the full force of law and remains in effect until the towns in the region adopt a plan pursuant to the requirements laid out above.

In the 1980s, SBE imposed a weighted plan on Region No. 11 due to a lack of progress. It has been reported, though, that the weighted plan was the preferred alternative in the region.

³ All board members are elected except for those in five of the six towns in Regional School District No. 1 - five board members are appointed, one by each town's local board of education.

⁴ Federal law does not require strict mathematical equality with regard to representation. While the number of board members in Connecticut's regional school districts is not exactly in the same proportion of the population, it is within the constitutionally presumptive standard of a maximum deviation of 10 percent.