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HomeMy WebLinkAbout1993-10-26 - AGENDA REPORTS - PROPOSITION 174 (2)AGENDA REPORT City Manager Item to be presented Michael P. Murphy CONSENT CALENDAR DATE: October 26, 1993 SUBJECT: Proposition 174 DEPARTMENT: Management Services BACKGROUND On November 2,1993, the California electorate will consider Proposition 174, The Parental Choice In Education Initiative Constitutional Amendment. The City of Santa Clarita has received a letter from the Saugus Union School District requesting that the City Council adopt a formal position In opposition to the ballot measure. Proposition 174 amends the California Constitution by requiring the State of California to provide a voucher, also known as a scholarship, to every school age child equal to at least 50% of the prior year per pupil spending for K-12 public schools. The initial voucher value is estimated to be approximately $2600 per student and may be redeemed at schools of 25 pupils or more which choose to be scholarship redeeming schools. The measure requires that any new or revised laws affecting private schools require a three-fourths vote of the Legislature. Local governments could adopt new health, safety or land use regulations on private schools only with a two-thirds vote of the legislative body and approval by a majority of all registered voters within the affected area. Public schools and scholarship redeeming schools would be required by the State Board of Education to administer tests for measuring academic achievement. Participating schools would not be permitted to restrict admissions based upon race, ethnicity, color or national origin. Voucher schools may restrict admissions based upon, but not limited to, such factors as sex, religion or disability. Schools which advocate unlawful behavior or hatred toward groups or Individuals would not be eligible to become voucher redemption schools. The long term fiscal effect is presently unknown and highly speculative due to flexible factors such as the number of pupils and Institutions which choose to participate In voucher redemptions. The short tens Impact is a cost to the state of approximately $1.5 billion as the state assumes costs for children currently in private schools. Proponents of Proposition 174 argue that California public schools have become Inefficient and mired In excessive regulations. They point to Increased accountability in voucher schools due to the Implied contract between the institution, parents, and students. Proponents also note that California has one of the highest dropout rates in the nation and that student test scores rank In the bottom half of national averages. y� Afili2.n3 �1�s1.,:7/ Opponents of Proposition 174 poGit out that passage of the measure provides government sanction of a two-tier education system. They argue that uniform education standards and teacher qualification will not exist In voucher schools. They also note that in the first nation which advocated a free public education for everyone, Proposition 174 advocates open discrimination based upon factors such as physical or learning disabilities. There are legal concerns which have been expressed regarding the Initiative's ability to withstand a constitutional court challenge should it be enacted. The first Issue is the apparent violation of separation of church and state as taxpayer money In the form of vouchers would be used to fund religious schools. The second point of contention is a possible violation of the equal protection clause of the fourteenth amendment to the United States Constitution through discrimination of certain students from attending publicly funded voucher schools. While clearly an argument can be made that education reform is necessary In California, the complexity of the Issues suggests that the voucher initiative may not be the right approach. It may be appropriate for the Legislature to return more autonomy to local school districts and create Incentives for the reward and replication of Innovative programs. f f:wark-FirF:IzG7311f01` Oppose Proposition 174. ATTACHMENT Proposition 174 Saugus Union School District Request WI M:prop77tagd " SAUGUS UNION SCHOOL DISTRICT 24930 Avenue Stanford, Santa Clams, California 91355 805,294-75OG FAX 294-7525 September 21, 1993 Jan Heidt, Mayor City of Santa Clarita 23920 W. Valencia Blvd. Santa Clarita, CA 91355 Dear Mayor Heidt: I am first, a grandparent of 8 school-age children in the public school system, and second, I am the Assistant Superintendent of Instruction in the Saugus Union School District. Our ten schools serve 6,400 children in the Santa Clarita Valley. Eight of our schools are state distinguished schools and two have received national blue ribbon awards. Our students test high on state and national tests. The ethnic population is for the most part Caucasian; however, our multi-ethnic population is steadily increasing. Our principals and teachers welcome all with excitement and anticipation. On June 8, our parents passed a bond for building two additional schools with a 78% "yes" vote. The politically registered republicans outnumber democrats by almost two to one. With. this background in mind, I join our. Parent Tea cher.Organizations and . District leadersh:r, staff, and Board of Trustees in-asking.you.to actively oppose ;Proposition -174J This measure would remove approximately 10% of our school funding even if not one child leaves the school district. Our community wants more funding for public schools not less. Thank you for your attention to this request. CITY i...::i:r _ .:; _ 71 CLIA C E 1 W E 4 EP 2 4 1995 Date C.,Ty -Cw,r, L SUPERINTENDENT • Dr. Troy E. 8ramlett Sincerely, Neva Meinhard Assistant Superi tendent of Instruction 'GUALITY EDUC4TION IN DEPTH FOR ALL STUDENTS' BOARD OF TRUSTEES • Marilynn K. Blaylock • Eileen Connolly • Deme Larson • Getty L. Lund • Al Nocclolo Proposition 174: Text of Proposed Law 71rig initiative measure is submitted to the people in accordance with the provisions of Article 11, Section 8 of the Constitution. This initiative measure expressly amends the Constitution by adding a section thereto; therefore; new provisions proposed to beadded are printed in italic type to indicate that they are new. - PROPOSED LAW THE PARENTAL CHOICE IN EDUCATION The following section, the "Parental Choice in Education Amendment," is hereby added to Article IX of the California Constitution: Section 17. Purpose. The people of California, desiring to improve, the quality of education. available to all children, adopt this section to: (1) enable parents to determine which schools best meet their children's needs; (2) empower parents to send their children to such schools; (3) establish academic accountability based on national standards; (4) reduce bureaucracy so that more educational dollars reach the classroom; (5) provide greater opportunities for teachers; and (6) mobilize the private sector to help accommodate our burgeoning school-age population. Therefore: All parents are hereby empowered to choose any school, public or private, for the education of their children, as provided in this section. (a) Empowerment of Parents; Granting of Scholarships. The State shall annually provide a scholarship to every resident school-age child. Scholarships may be redeemed by the child's parent at any scholarship -redeeming tchool. (1) The scholarship value for each child shall be at least fifty percent (5001c) of the average amount of State and local government spending per public school student for education in kindergarten and grades one through twelve during the preceding fiscal year, calculated on a statewide basis, including every cost to the State, school districts, and county offices bf education of maintaining kindergarten and elementary and secondary education, but excluding expenditures on scholarships granted pursuant to this section and excluding any unfunded pension liability associated with the public school system. (2) Scholarship value shall be equal for every child in any given grade. In case of student transfer, the scholarship shall be prorated. The Legislature may award supplemental funds for reasonable transportation needs for low-income children and special needs attributable to physical impairment or learning disability. Nothing in this section shall prevent the use in any school of supplemental assistance from any source, public or private. (3) If the scholarship amount exceeds the charges imposed by a scholarship -redeeming school for any year in which the student is in attendance, the surplus shall become a credit held in trust by the State for the student for later application, toward charges at any scholarship - redeeming school or any institution of higher education in California, public or private, which meets the requirements imposed on scholarship -redeeming schools in paragraphs (1) and (3) of subdivision (b) of this section. Any surplus remaining on the student's twenty-sixth birthday shall revert to the state treasury. (4) Scholarships provided hereunder are grants of aid to'children through their parents and not to the schools in which the children are enrolled. Such scholarships shall not constitute taxable income. The parent shall be free to choose any scholarship -redeeming school, and such selection shall not constitute a decision or act of the State or any of its subdivisions. No other provision of this Constitution shall prevent the implementation of this section. (5) Children enrolled in private schools on October 1, 1991, shall receive scholarships, if otherwise eligible, beginning with the 1995-96 fiscal year. All other children shall receive scholarships beginning with the 1993-94 faseal year. (6) The State Board of Education may require each public school and each scholarship -redeeming school to choose and administer tests reflecting national standards for the purpose of measuring individual academic improvement. Such tests shall be designed and scored by independent parties. Each school's composite results for each grade level shall be released to the public. Individual results shall be released only to the school and the child's parent. (7) Governing boards of school districts shall establish a mechanism consistent with federal law to allocate enrollment capacity based primarily on parental choice. Any public school which chooses not toredeem scholarships shall, alter district enrollment assignments based primarily on parental choice are complete, open its remaining enrollment capacity to children regardless of residence. For fcscal purposes, children shall be deemed residents of the school district in which they are enrolled. (8) No child shall receive any scholarship under this section or any credit under paragraph 73) of this subdivision for any fiscal year in which the child enrolls in a non -scholarship -redeeming school, unless the Legislature provides otherwise. (b) Empowerment of Schools`; Redemption of Scholarships. A private school may become a scholarship - redeeming school by filing with the State Board of Education a statement indicating satisfaction of the legal requirements which applied to private schools on October 1, 1991, and the requirements of this section. (1) No school which discriminates on to basis of race, ethnicity, color, or national origiix'may redeem scholarships. (2) 7b the extent permitted by this Constitution and the Constitution of the United States, the State shall prevent from redeeming scholarships any school which advocates unlawful behavior, teaches hatred of any person or group on the basis of race; ethnicity, color, national origin, religion, or gender; or deliberately provides false or misleading information respecting the school. (3) No school with fewer than 25 students may redeem scholarships, unless the Legislature provides otherwise. (4) Private schools, regardless of size, shall be accorded maximum flexibility to educate their students and shall be free from unnecessary, burdensome, or onerous regulation. No regulation of private schools, scholarship. redeeming or not, beyond that required by this section and thatwhichapplied to private schools on October 1, 1991, shall be issued or enacted, unless approved by a three-fourths vote of the Legislature or, alternatively; as to any regulation pertaining to health, safety, or land use imposed by any county, city, district, or other. subdivision of the State, a two-thirds vote of the governmental body issuing or ernacting the regulation and a majority vote of qualified electors within the af)'ectedjurisdiction. In any legal proceeding challenging such a regulation as inconsistent with this section, the governmental body issuing or enacting it shall have the burden of establishing that the regulation: (A) is essential to assure the health, safety, or education of students, or, as to any land use regulation, that the governmental body has a compelling interest in issuing or enacting it; (B) does not unduly burden or impede private schools or the parents of students therein; and (C) will not harass,. injure, or suppress private schools. (5) Notwithstanding paragraph (4) of this subdivision, the Legislature may (A) enact civil and criminal penalties for schools and persons who engage in fraudulent conduct in connection with the solicitation of students or the redemption of scholarships, and (B) restrict or prohibit individuals convicted of (i) any felony, (ii) any offense involving lewd or lascivious conduct, or (iii) any offense involving molestation or other abuse of a child, from owning, contracting with, or being employed by any school, public or private. (6) Any school, public or private, may establish a code of conduct and discipline and enforce it with sanctions, including dismissal. A student who is deriving no substantial academic benefit or is responsible for serious or habitual misconduct related to the school may be dismissed (7) After the parent designates the enrolling school, the State shall disburse the student's scholarship funds, excepting funds held in trust pursuant to paragraph (3) of subdivision (a) of this section, in equal amounts monthly, directly to the school for credit to the parent's account. Monthly disbursals shall occur within 30 days of receipt'. CPU sehool'a statement of current enrollment. - - s ' (8l Expenditures for scholarships issued under this section and savings resulting from the implementation of this section shall count toward the minimum funding requirements for education established by Sections 8 and 8.5 of Article XVL Students enrolled in scholarship - redeeming schools shall not be counted toward enrollment in Public schools and community- colleges for purposes of Sections 8 and 8.5 of Article XVI. (c) Empowerment of Teachers; Conversion of Schools. Within one year after the people adopt this section, the Legislature shall establish an expeditious process by which public schools may become independent scholarship -redeeming schools. Such schools shall be common schools under this article, and Section 6 of this article shall not limit their formation. (1) Except as otherwise required by this Constitution and the. Constitution of thelUnited States, such schools shall operate under laws and regulations no more restrictive than those applicable'to private schools under subdivision (b) of, this section. (2) Employees of such schools shall be permitted to continue and transfer their pension and- health care Programs on the same terms as other similarly situated Participants employed by their school district so long as they remain in the employ of any such school. (d) Definitions. (1) "Charges" include tuition and fees for books, supplies, and other educational costs. (21 A "child" is an individual eligible to attend kindergarten or grades one through twelve in the public school system. (3) A parent" is any person having legal or effective custody of a child. (4) "Qualified electors" are persons registered to vote, whether or not they vote in any particular election. The alternative requirement in paragraph (4) of subdivision (b) of this section of approval by a majority vote of qualified electors within the affected jurisdiction shall be imposed only to the extent permitted by this Constitution and the Constitution of the United States. (5) The Legislature may establish reasonable standards for determining the "residency' of children. :(6) "Savings resulting from the implementation of this section" in each fiscal year shall be the total amount disbursed for scholarships during that fiscal year subtracted from the product of (A) the average enrollment in scholarship -redeeming schools during that fiscal year multiplied by (B) the average amount of State and local government spending per public school student for education in kindergarten and grades one through twelve, calculated on a statewide basis, during that fiscal year. (7) A "scholarship -redeeming school" is any school, public or private, located within California, which meets the requirements of this section. No school shall be compelled to become a scholarship -redeeming school. No school which meets the requirements of this section shall be prevented from becoming a scholarship -redeeming school. (8) "State and local government spending" in paragraph (1) of subdivision (a) of this section includes, but is.not limited to, spending funded from all revenue sources, including the General Fund, federal funds, local property taxes, lottery funds; and local miscellaneous income such as developer fees, but excluding bond proceeds and charitable donations. Notwithstanding the inclusion of federal funds in the calculation of "State and local government spending,"federal funds shall constitute no part of any scholarship provided under this section. (91 A "student" is a child attending school. (e) Implementation. The Legislature shall implement this section through legislation consistent 'with the purposes and provisions of this section. (f) Limitation of actions. Any action or proceeding contesting the validity of (1) this section, (2) any provision of this section, or (3) the adoption of this section, shall be commenced within six months from the date of the election at which this section is approved; otherwise this section and all of its provisions shall be held valid, legal, and uncontestable. However, this limitation shall not of itself preclude an action or proceeding to challenge the application of this section or any of its provisions to a particular person or circumstance. (g) Severability. If any provision of this section or the application thereof to any person or. circumstance is held invalid, the remaining provisions or applications shall remain in force. To this end the provisions of this section are severable.