To: [aaron r p] at [netcom.com]
Subject: prop174
Date: Wed, 01 Sep 93 22:44:00 +45722824
From: aphrael <[a--r--l] at [cats.ucsc.edu]>


November 19,  1991

This initiative measure is submitted to the people in
accordance with the provisions of Article II, Section 8,
of the Constitution.

This initiative measure expressly amends the Constitution
by adding a section thereto; since all provisions are
new, there are no markers to distinguish from existing
law.

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 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 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 
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 Section 17(b)(1) and (3). 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 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 Section 17(a)(3) 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 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 Section 17(b)(4), 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 Section 17(a)(3), 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 Section  17(b).

(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 cost.

(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 Section 17(b)(4) 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 Section 17(a)(1)  
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,  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.

=====
Source: Pages 43-45 of the California Ballot Pamphlet,
Special Statewide Election, November 2, 1993.
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[a--r--l] at [cats.ucsc.edu]		|	Robert D. West
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