|
CSBA,
Partners Win Reimbursement Fight for School Districts and
Local Government Agencies (March
2007)
WEST SACRAMENTO – The
California School Boards Association announced a victory in
the legal battle to ensure that school districts and other
local governments are properly reimbursed by the state for
costs associated with implementing state-mandated programs.
The Superior Court of California has ruled that while it has
always been the case that mandates added by the voters through
a ballot measure are not reimbursable, the Legislature’s
attempt in AB 138 (2005) to add mandates imposed by the Legislature
under the guise of being "necessary to implement"
or "reasonably within the scope of" an expressly
stated voter approved mandate, was unconstitutional. Thus,
under AB 138 mandates added by legislation – in programs
such as the School Accountability Report Card, the Mandate
Reimbursement Process, and certain Brown Act requirements
– would not be reimbursable either.
"AB 138 clearly was part of an
overall state strategy to avoid reimbursing local governments,
including school districts, for the cost of implementing mandated
state programs," said Dr. Kathy Kinley, president of
CSBA. "For that reason, we are very gratified by the
Superior Court’s decision."
The court also agreed with CSBA’s
contention that the state could not retroactively avoid paying
for mandates by changing the law after the Commission on State
Mandates had found that the mandates were reimbursable, finding
that the Legislature’s attempt to dictate to the Commission
is a violation of the separate powers doctrine. Local governments
rely on the Commission’s decisions regarding the extent
of the reimbursements that would eventually be received from
the state.
"This decision is a great victory
for California public schools," said Scott P. Plotkin,
executive director of CSBA. "We are hopeful that this
decision will help convince state lawmakers that accountability
and funding really do go hand-in-hand."
The suit against AB 138 was filed
by CSBA’s Education Legal Alliance, joined by Sweetwater
Union High School District, the City of Newport Beach, Fresno
County, and Los Angeles County.
|
