Board Agenda: page 548

Board Audio at 25:43


YOU HAVE A CHOICE: Talega CFD Study Area 1500 can enroll in San Juan Hills or San Clemente.

The following is a Statement from Laura Ferguson Talega Residents for Fair Taxation:

Talega students have the legal right to attend either San Clemente High School or San Juan Hills High School. They cannot be denied a seat at either school.

Per CA Govt. Code Sect. 53312.7 taxpayers who funded facilities with Mello-Roos cannot be turned away. CUSD changed the boundary a decade or so ago for Talega from SJHHS to SCHS. Due to the large amounts ($20M at each high school) of Talega special taxes (Mello Roos) that CUSD spent on SJHHS and SCHS --this includes $10M in surplus Talega special taxes (the amount over collected that was never "refunded" back to the taxpayers (despite CUSD declaring years ago that Talega taxpayers had already met their funding obligations for facilities per the Mitigation and Formation Agreements) being used now for the new two-story, 24 classroom buildings being built each at SJHHS and SCHS, Talega students have choice. A couple years ago when members of our Talega Residents for Fair Taxation citizens advoacy group met with Supe Vital, she shared how she believed once the road opened that about half of Talega kids would want probably choose SJHHS and the other half SCHS. Both great schools to choose from; however, if you choose SJHHS you have to go through School of Choice and there is no way around it at this time. My comment pertains to the $20M Talega Mello Roos spent on SJHHS for construction as well as another $20M Talega Mello Roos spent on SCHS.

CUSD does not want Talega kids going to SJHHS, it’s been obvious for years. RMV was not required to build a high school. Those kids will attend SJHHS and Tessoro without paying any special taxes to mitigate their impact on CUSD schools.  Ladera kids received correspondence from the district for their kids to have choice to attend SJHHS or Tessoro. Talega was not afforded the same courtesy.

San Clemente families with no notice from CUSD will not have a choice in schools UNLESS they apply through School of Choice – as last priority if the Board Policy Changes on January 25, 2017.

San Clemente families appear to have 2 choices:

  1. Apply via school of choice window. Get in the school. They cannot be denied.  Talega generates only 600 kids and by law can attend either high school in which their mello roos was used to fund the school facilities. Plus they also pay the ad valorem tax every homeowner pays, so pay twice as much.
  2. If they miss the window (which it appears many will because CUSD is not properly informing parents, nor are many parents aware of the law), sue the district to gain access

Learn more:



Staff pulled this item from the Agenda stating that the changes that needed to be made were technical. Staff is bringing this back January 25, 2017 with the stated 4 changes, and the Board has been told it must pass this policy at the January 25, 2016 Board meeting, or the Board will miss the School of Choice window for this year. 

Comment Dawn Urbanek

The changes were in the Item presented tonight. I do not understand why the item had to be brought back under such a time constraint if no further changes are to be made than the four shown in the Agenda. It should also be noted, that the removal of the language "for the 2016-17 school year" is not a "technicality" as Superintendent Vital stated. Removing 2016-17 gives children of employees permanent priority over everyone except children attending their school of residence.

Summary Proposed changes For 2017-18 School Year 

FIRST PRIORITY - School of Residence

SECOND PRIORITY - Children of School Employees (this was suppose to be just for 2016-17 it is now permanent)


A. Title I Public School Choice

B. Any student enrolled in a school labeled persistently dangerous

c. Siblings

then- based on open seats

Ladera Ranch CFD Study Area 209 can enroll in Tesoro or San Juan Hills

Talega CFD Study Area 1500 can enroll in San Juan Hills or San Clemente.

Taxpayers living in these Mello Roos areas may be unhappy with this.


at 25:43 Agenda Item #31 at page 548 RIST READING Board Policy 5119, School of Choice - this policy only needs four minor up-dates. Will bring this back on the Consent Calendar.

1. at page 548 - remove "for the 2016-2017 school year" (a technicality)


2. at page 549 - adding a stipulation that a student cannot displace a student living in the boundary

3. at page 549 - Title I and PI  to reflect new ESSA language.

4. at page 551 - Clarify language for students transferring back to 


at 27:15 Motion to adopt the Item with the above corrections by Trustee Reardon

Motion seconded by Trustee Pritchard

Motion approved 6-0-1 Trustee Hatton-Hodson absent

at 27:20 Trustee Reardon requests that Trustees get the finalized policy as soon as possible. 








BOARD AGENDA: at page 33 

BOARD AUDIO: at 147:33 (2 hours 27 minutes 33 seconds)

Comment by Dawn Urbanek

There were a lot of Parents and Teacher comments and concerns over who should have priority - students of parents living in Mello Roos areas or children of Teachers.