Bill Text: CA SCA5 | 2023-2024 | Regular Session | Introduced
Bill Title: Educational expenses: education savings accounts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-02-08 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SCA5 Detail]
Download: California-2023-SCA5-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Constitutional Amendment
No. 5
| Introduced by Senator Grove |
March 08, 2023 |
A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 8.5 to Article IX thereof, and by adding Section 8.1 to Article XVI thereof, relating to educational expenses.
LEGISLATIVE COUNSEL'S DIGEST
SCA 5, as introduced, Grove.
Educational expenses: education savings accounts.
(1) The California Constitution requires the Legislature to encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The California Constitution also requires the Legislature to provide for a system of common schools by which a free school is kept up and supported in each district at least 6 months in every year. The California Constitution prohibits public money from being appropriated for the support of any sectarian or denominational school or any school not under the exclusive control of the officers of the public schools.
This measure, notwithstanding the constitutional provisions referenced above or any other provision of the California Constitution, would authorize the state, and every agency or political subdivision of the state, to disburse funds pursuant to an
agreement between the state and a parent or legal guardian of an eligible child for tuition and education-related expenses, as provided by statute, and provide tax or other public benefits to private schools, private colleges, private universities, or private vocational educational or training institutions, irrespective of religious affiliation, to further the promotion of intellectual, scientific, moral, and agricultural improvement.
(2) The Classroom Instructional Improvement and Accountability Act, an initiative approved by the voters as Proposition 98 at the November 8, 1988, statewide general election, amended the California Constitution to, among other things, set forth a formula for computing the minimum amount of revenues that the state is required to appropriate for the support of school districts and community college districts based on one of 3 tests in any given fiscal year, one of which is based on the percentage of General Fund
revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87, and two of which are based on, among other things, changes in enrollment. The California Constitution measures changes in enrollment by the percentage change in average daily attendance.
The California Constitution generally prohibits the total annual appropriations subject to limitation of the state and each local government from exceeding the appropriations limit of the entity of government for the prior fiscal year, adjusted for the change in the cost of living and the change in population, and prescribes procedures for making adjustments to the appropriations limit. The California Constitution defines the change in population of a school district or community college district as the percentage change in the average daily attendance of the school district or community college district from the preceding fiscal year, as determined by a method
prescribed by the Legislature.
For purposes of measuring changes in enrollment as they relate to computing the minimum amount of revenues the state is required to appropriate for the support of school districts and community college districts, and for purposes of measuring the change in population of a school district or community college district to determine the total annual appropriations limit for school districts and community college districts, this measure would define average daily attendance to include all children enrolled in public kindergarten schools, elementary schools, and secondary schools and all children who are eligible to enroll in public kindergarten schools, elementary schools, and secondary schools but have chosen to fund their kindergarten, elementary, or secondary education with an Education Savings Account, as provided.
(3) The California Constitution generally prohibits the
Legislature from enacting a statute to modify or change the manner in which ad valorem property tax revenues are allocated to local agencies, except as provided.
This measure would authorize the Legislature, by statute, to require the allocation of ad valorem property tax revenue in the manner described in the Education Savings Account Act of 2024.
(4) The measure would provide that its provisions are severable and would require the Attorney General to defend against any action challenging the validity of the measure, as provided.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2023–24 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:
First—
That Section 8.5 is added to Article IX thereof, to read:SEC. 8.5.
Notwithstanding any other provision of this Constitution, including Section 8 of this article and Section 5 of Article XVI, the State, and every agency or political subdivision of the State, may disburse funds pursuant to an agreement between the State and a parent or legal guardian of an eligible child for tuition and education-related expenses, as provided by statute, and may provide tax or other public benefits to private schools, private colleges, private universities, or private vocational educational or training institutions, irrespective of religious affiliation, to further the purposes of Section 1 of this article.Second—
That Section 8.1 is added to Article XVI thereof, to read:SEC. 8.1.
For purposes of Section 8 of this article and Section 8 of Article XIII B, the term “average daily attendance” shall include the average daily attendance of all children enrolled in public kindergarten schools, elementary schools, and secondary schools and the average daily attendance of all children who are otherwise eligible to enroll in public kindergarten schools, elementary schools, and secondary schools but have chosen to fund their kindergarten, elementary, or secondary education with an Education Savings Account established pursuant to Article 19.1 (commencing with Section 69995) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code. Notwithstanding any other provision of this Constitution, including Section 25.5 of Article XIII, the Legislature may, by statute, require the allocation of ad valorem property tax revenue pursuant to Section 69995.11 of the Education Code.Third—
(a) The provisions of this measure are severable. If any provision of this measure or its application is for any reason held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, that decision shall not affect any other provision or application that can be given effect without the invalid provision or application. The Legislature hereby finds and declares that it would have adopted this measure and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not declared invalid or unconstitutional irrespective of whether any portion of this measure, or application thereof, is subsequently declared invalid or unconstitutional.(b) This
measure is intended to be comprehensive. It is the intent of the Legislature that if this measure, and acts relating to the same subject, appear on the same statewide election ballot, the provisions of the other act or acts shall be deemed to be in conflict with this measure. If this measure, and one or more conflicting acts, are adopted by the voters in the same election, and this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the conflicting acts shall be null and void.
(c) (1) Except as provided in paragraph (2), the Attorney General shall defend against any action challenging, in whole or in part, the validity of this measure, and shall have an unconditional right to intervene in any action to defend the validity of this measure.
(2) If the Attorney General
declines to defend the validity of the measure in any action, the Attorney General shall nonetheless file an appeal from, or seek review of, any judgment of any court that determines that the measure is invalid, in whole or in part, if necessary or appropriate to preserve the state’s standing to defend the law in conformity with the Attorney General’s constitutional duty to see that the laws of the state are adequately enforced.
