In two consolidated cases, the California First District Court of Appeals situated in San Francisco has held California’s State Constitution does not guarantee grades K through 12 students a right to a minimum quality education. The plaintiffs in the consolidated cases argued that California’s school funding system for K through 12 students was “insufficient, irrational and unstable.” They asserted that the Legislature had imposed graduation requirements, rigorous academic standards and other legal requirements upon public schools but failed to provide necessary funding or other means for the schools to be able to comply.
The majority of the judicial panel hearing the matter on appeal saw a quality education as a lofty goal, not a mandate, and refused to define what a “quality” education is as it left the definition to future definition by the Legislature.
Under the circumstances many more parents may be reluctant to send their children to public school if they have the financial means to pay for a private education. One of the consequence may be to leave California public schools to a financially challenged populace and thereby perpetuate a state of poverty for such children and their families. We can only hope that the Legislature addresses the issue so all students, regardless of the financial ability to pay, have access to a quality education. After all, “[t]he cornerstone of democracy rests on a foundation of an educated electorate.” – Thomas Jefferson.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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