Malibu Proposes Third Party Negotiate School Separation

MALIBU, CA —After the Santa Monica-Malibu Unified School District Board rejected Malibu’s “best, final offer” for school separation last week, the Malibu City Council voted unanimously Wednesday to let a third party decide the terms of the divorce.

The Council ratified a counterproposal its lawyers sent SMMUSD on Monday asking the district to allow the Los Angeles County Office of Education’s Committee on School District Organization’s Committee on School District Organization, and its consultant School Services of California, to hammer out a settlement.

The city also asked the district to agree to be bound by the financial terms of the County’s decision, and agree not to contact the LACOE or School Services while the agreement is still in development, and to go on record as supporting an independent Malibu school district. In its April 9 counteroffer, SMMUSD acknowledged the need for the cities to separate their schools, and the only remaining disagreement is how to do that in a way that is “fair and equitable” to all students.

“I am encouraged by the District’s acknowledgement that it is time to separate our schools. Despite the accusations made by SM-MUSD, the City has repeatedly made it clear that we do not want to see any student harmed by the long-overdue separation of this discontinuous school district,” Malibu Mayor Mikke Pierson said in a statement. “We previously offered a 10-year revenue sharing model, and in this same spirit, we welcome the school finance experts at LACOE and their consultants at School Services of California to establish the financial terms of the separation so that the financial terms are fair to all.”

“We’re almost there, the issue is about a fair and equitable split, and so we thought it would be in everyone’s best interest to have a third party take a look at these numbers, and to assess what would be fair and equitable,” Christine Wood, an attorney for Best Best & Krieger who has represented Malibu in the negotiations, said during the Council’s special meeting Wednesday night. “It’s not just any third party we would agree to...LACOE has contracted with a consultant, School Services of California, who we’re familiar with, School Services has done two reports, specifically on the Malibu Unified District issue, one of the reports we fully agree with, so we would feel fully comfortable deferring to the findings of LACOE and School Services.”

SMMUSD announced Thursday that it is holding a closed door meeting Friday on “Malibu unification,” presumably to decide whether to accept Malibu’s latest offer. Wood said that Malibu is waiting for the district’s response to the proposal before it asks LACOE if it is willing to write a binding agreement.

On March 12, Malibu sent the district a proposal offering to transfer property tax revenue for up to 10 years from the date of school separation if Santa Monica per-pupil funding falls below current levels, and identified up to $50 million in other sources of funding for Santa Monica. The SMMUSD board voted the proposal down 6-1 on April 8. The only yes vote was Craig Foster, the board’s only Malibu resident.

The district called the petition a “cash grab” that would result in diminishing funding for Santa Monica students. In an analysis titled “What You Need To Know About The City Of Malibu’s Attempt To Split from the Santa Monica-Malibu Unified School District and Why All Who Support Santa Monica Students’ Futures Must Oppose It,” Superintendent Dr. Ben Drati said that Malibu’s proposal would result in $1900 less per pupil than Santa Monica students would have if the districts remain united, a discrepancy that would grow over the years.

On Saturday, both sides will appear before LACOE’s Committee on School District Organization for a preliminary hearing that will feature testimony from Malibu city officials, SMMUSD officials, and public comment from both sides.

Wood said she anticipates that LACOE will continue taking additional testimony at another hearing in June, and possibly make a tentative recommendation. LACOE will send its recommendations to the state, which will then select an election area and order the superintendent to call an election. Wood told the Council that without a contested petition, the process might move more quickly.

“You’ve heard me often talk about this could be five years or 40 years - this puts us a lot more on the five-year track,” Wood said.

After the Council voted to ratify the counterproposal, the city hosted an emotional Community Awareness Night, where Malibu parents and students discussed the need for an independent school district. Melissa Solano, whose daughter attends first grade at Malibu Elementary School, broke into tears describing the difference in facilities, programming, and class offerings.

“I wish [my school] had more activities like a singing program and a dancing program and a music program,” her daughter Isabella told the breakout room.

“It doesn’t make sense for us to be part of Santa Monica,” one parent said. “We’re not even close. Our lifestyles are different. We’re our own community.”

Click here to watch LACOE’s meeting on Saturday at 9:30 a.m. The passcode is 547531. Residents are invited to publicly comment at the meeting or send testimony to LACOE no later than 5 p.m. Friday by emailing Heredia_Anna@lacoe.edu.

Related coverage:

SMMUSD Board Votes Down Malibu's 'Best And Final' Offer | Malibu, CA Patch

Will Santa Monica Students Pay The Price If Malibu Separates? | Santa Monica, CA Patch

Drati 'Deeply Skeptical' Of Malibu School Separation Plan | Malibu, CA Patch