ACA 7 Public schools: school boards.

BILL NUMBER: ACA 7 AMENDED 01/13/98

INTRODUCED BY Assembly Member Escutia Honda

JANUARY 13, 1997

Assembly Constitutional Amendment No. 7--A resolution to express the intent to propose to the people of the State of California an amendment to the Constitution of the State, relating to school facilities financing. to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 5.5 to Article IX thereof, relating to public schools.

LEGISLATIVE COUNSEL'S DIGEST

ACA 7, as amended, Escutia Honda . School facilities funds: bonds: intent of the Legislature Public schools: school boards .

Existing provisions of the California Constitution require the Legislature to provide for a system of common schools by which a free school shall be kept up and supported in each district at least 6 months in every year.

This measure would enact the School Board Bill of Rights, and declare that the governing board of a school district is the cornerstone of the state's system of public education. The measure would provide that each local school board has the inherent authority to determine the most effective method of teaching its pupils and that the state may not require on a statewide basis a uniform method of teaching that has not been fully and objectively assessed.

This measure would provide that a statewide uniform method of teaching that is imposed on a local school board by statute, initiative statute, or administrative regulation shall be operative only if the teaching methodology is first tested by a panel of educational experts appointed by the Superintendent of Public Instruction and demonstrated to be objectively superior based on generally accepted educational principles to the extent that its statewide imposition justifies preempting the interest of the local school board to determine which method of teaching is best suited for its pupils.

This measure would define "method of teaching" and "teaching methodology" to mean a prescribed practice or curriculum that specifies the manner or language in which reading, writing, mathematics, science, history, social science, language, art, physical education, or any related subject, is taught.

This measure would apply only to those statutes, statutory initiatives, and administrative regulations enacted or adopted on or after June 1, 1998.

(1) The California Constitution limits ad valorem property taxes to 1% of the full cash value of the property, except for property taxes to pay the interest and redemption charges either on indebtedness approved by the voters prior to July 1, 1978, or on bonded indebtedness for the acquisition and improvement of real property approved on or after July 1, 1978, by 2/3 of the voters voting on the proposition.

This measure would express the intent of the Legislature to propose to the voters to amend the California Constitution to also provide an exception from the property tax limitation for property taxes to pay the interest and redemption charges on bonded indebtedness incurred by a school district, county office of education, or community college district for the construction, reconstruction, or rehabilitation of school facilities, including the furnishing and equipping of school facilities, the mitigation of toxic sites for school use, or the acquisition of real property for school facilities, approved by a majority of the voters voting on the proposition on or after the day after the date of the election at which such a measure is approved.

This measure would express the intent of the Legislature to propose to the voters to amend the California Constitution to specify that property taxes imposed for bonded indebtedness incurred for school facilities, any indebtedness approved by the voters prior to July 1, 1978, or any bonded indebtedness with a 2/3 voter approval after that date for real property acquisition or improvement, are not special taxes.

(2) The California Constitution prohibits various local governmental entities, including school districts, from incurring any indebtedness or liability that exceeds in any year the income and revenue provided for that year without the assent of 2/3 of the qualified electors of that entity, voting at an election to be held for that purpose, except that the approval of only a majority of the voters is required for the approval of general obligation bonds to repair, reconstruct, or replace public school buildings determined to be structurally unsafe for school use.

This measure would express the intent of the Legislature to propose to the voters to amend the California Constitution to require, on or after the day after the date of the election at which such a measure is approved, with respect to a school district, county office of education, or community college district, the approval of only a majority of the voters of the district or county, as appropriate, voting on a proposition for the approval of general obligation bonds for the construction, reconstruction, or rehabilitation of school facilities, including the furnishing and equipping of school facilities, the mitigation of toxic sites for school use, or the acquisition of real property for school facilities.

Vote: majority 2/3 . Appropriation: no. Fiscal committee: no yes . State-mandated local program: no.

Resolved by the Assembly, the Senate concurring, That the Legislature of the State of California at its 1997-98 the Legislature of the State of California at its 1997-98 Regular Session commencing on the second day of December 1996, 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 by adding Section 5.5 to Article IX thereof, to read:

SEC. 5.5. (a) This section shall be known as the School Board Bill of Rights.

(b) The governing board of a school district, commonly known as the local school board, is the cornerstone of the state's system of public education. Each local school board has the inherent authority to determine the most effective method of teaching its pupils. The State may not require on a statewide basis a uniform method of teaching that has not been fully and objectively assessed. A statute, statutory initiative, or administrative regulation that imposes a uniform method of teaching on every local school board in this State may be operative only if the teaching methodology is first tested by a panel of educational experts appointed by the Superintendent of Public Instruction and demonstrated to be objectively superior based on generally accepted educational principles to the extent that its statewide imposition justifies preempting the inherent authority of each local school board to determine which method of teaching is best suited for its pupils. As used in this section, "method of teaching" and "teaching methodology" means a prescribed practice or curriculum that specifies the manner or language in which reading, writing, mathematics, science, history, social science, language, art, physical education, or any related subject, is taught.

(c) This section shall apply only to (1) a statute enacted by the Legislature on or after June 1, 1998, (2) an initiative measure approved by the voters on or after June 1, 1998, and (3) an administrative regulation adopted on or after June 1, 1998. This section does not apply to (1) a statute enacted by the Legislature before June 1, 1998, (2) an initiative measure approved by the voters before June 1, 1998, (3) an administrative regulation adopted before June 1, 1998, or (4) an amendment or change to those provisions that does not impose a new uniform method of teaching. Regular Session, commencing on the second day of December 1996, a majority of the members elected to each of the two houses of the Legislature voting therefor, hereby expresses the intent to propose to the people of the State of California that the Constitution of the State be amended, as follows:

It is the intent of the Legislature to propose to the voters a measure to amend the California Constitution to accomplish all of the following:

(1) To amend Section 1 of Article XIII A of the California Constitution to provide an exception from the property tax limitation for property taxes to pay the interest and redemption charges on bonded indebtedness incurred by a school district, county office of education, or community college district for the construction, reconstruction, or rehabilitation of school facilities, including the furnishing and equipping of school facilities, the mitigation of toxic sites for school use, or the acquisition of real property for school facilities, as approved by a majority of the voters voting on the proposition on or after the day after the date of the election at which such a measure is approved.

(2) To amend Section 1 of Article XIII A of the California Constitution to specify that property taxes imposed for bonded indebtedness incurred for school facilities, any indebtedness approved by the voters prior to July 1, 1978, or any bonded indebtedness with a 2/3 voter approval after that date for real property acquisition or improvement, are not special taxes.

(3) To amend Section 18 of Article XVI of the California Constitution to require, on or after the day after the date of the election at which such a measure is approved, with respect to a school district, county office of education, or community college district, the approval of only a majority of the voters of the district or county, as appropriate, voting on a proposition for the approval of general obligation bonds for the construction, reconstruction, or rehabilitation of school facilities, including the furnishing and equipping of school facilities, the mitigation of toxic sites for school use, or the acquisition of real property for school facilities.