July 17, 2003
O'Connell to Ask State Supreme Court to Break Budget Impasse
SACRAMENTO — On Day 17 of the state's budget standoff, State Superintendent of Public Instruction Jack O'Connell is asking the California Supreme Court to break the continuing gridlock that threatens the education of six million school children.
"I cannot in all good conscience stand by and watch political conflict disrupt the education of the children of California," O'Connell said. "This impasse is already beginning to have serious consequences for our schools, and state as a whole. Everyday that goes by without a budget, the problem is compounded."
For the month of July alone, the California Department of Education (CDE) is unable to distribute $628.5 million that schools need to run their operations. The programs the department is unable to fund includes critical services such as Special Education, Adult Education, Regional Occupation Centers/Programs, K-3 Class-Size Reduction, all No Child Left Behind requirements, including Title I, Migrant Education, Safe and Drug Free Schools, Instructional Materials, as well as many more.
CDE attorneys are expected to file a petition with the state high court early next week seeking a ruling that would suspend the two-thirds requirement for passing a budget or increasing revenues, and instead, allow a simple majority.
The arguments contained in the petition are similar to those that recently convinced the Nevada Supreme Court to set aside that state's two-thirds constitutional requirement for raising revenue. In its majority opinion, the court wrote, "The two-thirds majority requirement is a procedural requirement. ... In contrast, the (Nevada) Constitution requires specifically, as a matter of substantive constitutional law, that public education be funded."
"While the circumstances in Nevada were clearly different than what we are facing here in California, the heart of the argument that funding education ought to take precedence over a procedural requirement rings true," O'Connell said. "I understand that we face long odds in attempting this unusual approach. But with our schools in need of both certainty and dollars to educate our children, I felt compelled to explore every possible avenue that could break this deadlock."
O'Connell will ask the court to issue a writ compelling the Legislature to perform its mandatory duty to fund public education and adopt a balanced budget, an obligation that was required to be performed by June 15. (Cal. Const. Art. IV §12 (c).) The constitution requires that public education be funded, and, in fact, gives public school funding priority among state expenditures. (Cal. Const. Art. XVI §8.) Due to the requirement that additional revenues be approved by a two-thirds vote, the Legislature has been unable to fulfill its duty to enact a balanced spending plan that also funds public education. (Cal. Const. Art. XIIIA, §3.)
O'Connell, therefore, will seek an order acknowledging that, in light of the Legislature's impasse, the procedural requirement of a two-thirds vote for revenue issues and the budget bill must give way to the obligation to fund education.
# # # #
Attachments
Projected Payment and Non-Payment of Funds for Major
Education Programs in the Absence of a 2003-04 State Budget*
Type |
July |
August |
September |
October |
November |
|---|---|---|---|---|---|
Total Amount Payable |
$ 2,757.4 |
$ 5,606.1 |
$ 3,484.8 |
$ 3,773.6 |
$ 3,804.8 |
Total Able to Pay |
$ 2,128.9 |
$ 4,860.0 |
$ 2,679.9 |
$ 2,782.8 |
$ 2,524.1 |
Total Unable to Pay |
$ 628.5 |
$ 746.1 |
$ 804.9 |
$ 990.8 |
$ 1,280.7 |
Per Cent Unable to Pay (monthly) |
22.8% |
13.3% |
23.1% |
26.3% |
33.7% |
Cumulative Total |
$ 2,757.4 |
$ 8,363.5 |
$ 11,848.3 |
$ 15,621.9 |
$ 19,426.7 |
Cumulative Unable to Pay |
$ 628.5 |
$ 1,374.6 |
$ 2,179.5 |
$ 3,170.3 |
$ 4,451.0 |
Per Cent Unable to Pay (cumulative) |
22.8% |
16.4% |
18.4% |
20.3% |
22.9% |
Major Payments CDE is Able to
Make Prior to Passage of the Budget
- Prior year funds for prior year obligations
- 2003-04 funds appropriated by previously enacted legislation (e.g., payments for 2002-03 programs deferred to 2003-04)
- Funds that are continuously appropriated (e.g., revenue limit portions of the Principal
- Apportionment and funds available in revolving fund accounts)
- Federal Child Nutrition funds
- CalWORKs Stage 2 funds
Major Programs for Which CDE is
Unable to Make Payment Without a Budget
- Special Education, State and Federal
- Adult Education
- Regional Occupation Centers/Programs
- K-3 Class-Size Reduction
- All NCLB, including Title I, Migrant Education, Safe and Drug Free Schools
- Instructional Materials
- Summer School and other Supplemental Instruction
- Economic Impact Aid
- Pupil Transportation
- CalWORKs Stage 3 and other child development programs, including state pre-school
- GATE
- Services for English Learners
- Staff Development programs for teachers and administrators
- All other state and federal categorical programs not listed above
