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1993-10-22
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THE PARENTAL CHOICE IN EDUCATION INITIATIVE
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 school.
(1) The scholarship value for each child shall be at least
fifty percent (50%) 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 district, and county offices of
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 towards 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 fiscal 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 the federal law to allocate enrollment
capacity based primarily on parental choice. Any public school
which chooses not to redeem scholarships shall, after district
enrollment assignments based primarily on parental choice are
complete, open its remaining enrollment capacity to children
regardless of residence. For fiscal 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 (3) 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 the basis of race,
ethnicity, color, or national origin may redeem scholarships.
(2) To 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 that which applied 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 enacting the regulation and a majority vote of
qualified electors within the affected jurisdiction. In any
legal proceeding challenging such a regulation as inconsistent
with this section, the government 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 of the school's statement of
current enrollment.
(8) 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 XVI. 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 the United 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.
(2) 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.
(9) 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, (3) the adoption of this section, shall be commenced
with 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.