CA: School districts entitled to repayment for state mandates

AP on Bakersfield Californian ^ | 3/19/07 | Juliet Williams - ap

[NormsRevenge]

School districts and local governments are entitled to be repaid for the cost of running programs the state Legislature requires them to operate, a Sacramento County Superior Court judge ruled in a decision published Monday.

The California School Boards Association, the city of Newport Beach, Sweetwater Union High School District in San Diego County and the counties of Fresno and Los Angeles sued the state over a bill passed in 2005. They objected because it allowed the state to avoid reimbursing school districts for the costs associated with operating state mandated-programs.

In a ruling dated March 13 but published Monday, Judge Gail Ohanesian said the state cannot avoid paying for the oversight of state-mandated programs by declaring them as necessary to implement a voter-approved ballot measure.

School districts said the legislation, which was attached to a budget trailer bill, could cost them as much as $300 million in administration costs for functions such as overseeing charter schools or compiling annual school accountability reports.

The law did not affect funding for the actual programs, but rather the potential reimbursement to local districts. An analysis compiled for legislators who were voting on the bill specifically said it would not affect schools.

When legislators approve new requirements for school districts or local governments, the districts typically operate the programs, report back to the state, then apply to be repaid for the costs of overseeing them.

"This is a small yet key victory for districts in doing things that the state has required," said Brian Lewis, executive director of the California Association of School Business Officials, which was not a party to the lawsuit but has lobbied against the change in law.

Lewis said his group is working with new state Controller John Chiang, a Democrat elected in November, to create clear rules regarding state audits of the programs.

Garen Casaleggio, a spokesman for Chiang, said the state controller last month asked the Legislature to free up as much as $450 million in outstanding funding owed to school districts for state mandates.

Eugene Hill, a Sacramento attorney who represented the petitioners, said the decision also requires the Commission on State Mandates to reconsider at least four decisions in which it denied reimbursements to schools.

[paul51]

Once upon a time, schools were for reading, writing and arithmetic. Now they are for feeding housing, transporting, nurturing, babysitting, health care and solving all of societies ills. No wonder there is no time or money for education.

[MonicaG]

By my count:

School districts
Local governments
Programs the state Legislature requires
The State Legislature
Sacramento County Superior Court
Sacramento County Superior Court Judge
The California School Boards Association
City of Newport Beach
Sweetwater Union High School District
San Diego County
Fresno County
Los Angeles County
State mandated programs
$300 million in administration costs
Overseeing charter schools
Annual school accountability reports
Analysis
Doing things that The State has required
The California Association of School Business Officials
State Controller John Chiang
Spokesman for Chiang
$450 million in outstanding funding
A Sacramento Attorney
The Commission on State Mandates

That's an incredible list of places for tax dollars to hide out. If some of those took the high road and defunded themselves "for the children," plenty of money would be freed up for the schools.

[genghis]

an amazing victory for sanity. Doubtful if it holds up on appeal.