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Classroom
whiteboard being used for toilet stall door in
boy's school restroom. Porous plywood used for urinal partition.
-Independence High School, east San Jose
(click here to
see images) |
California's Public Education Inequity: A Cause for Action
San Jose,
California
Oct. 2012
Abstract: California's state
constitution requires that the State provide basic equal education
to each child as articulated under Supreme Court decision Butt v. California. Such
right has been established to assure that all children
within the state receive a public education on equal terms. A
recent comparison between schools, however, shows
that there continues to be a violation of such equal
protection right. State officials confirm that there is no monitoring or
enforcement that education service is being provided equitably.
California appears to be ignoring
"strict scrutiny" equal protection requirements
in the provision of public education under State Supreme
Court decision Butt v. California
1,2
Public records show that the state is failing to effectively resolve the education
service disparity among public schools.
California's public school system is one single education system under
management and control of the state3.
Public records show that a significant portion of children
not being provided with an equal education
opportunity in the state's education system.
See example comparison tables below.
The records show widespread
disparity.
In east
Santa Clara County, the majority of high school on-campus libraries have been closed
while high schools in other areas of the state
have on-campus libraries fully operating before, during and after
school hours.
It has
been found that the bulk of
public education service inequity occurs as a result of the
state allowing local agencies to independently operate
public schools in local district areas without regard to state law. Even though
the state provides equitable funding for each student4,
each local agency independently negotiates local school service
contract rates and independently decides the level of service provided
within the local public schools.
In essence, the state continues to relegate full management and control of
the state's public schools to local education agencies in direct defiance
of State's Supreme Court decision on the matter3.
The provision of
equitable basic education in public schools is a fundamental state
equal protection right for all children1,2.
California's public school system is one single education system
and the state is the responsible entity3.
State officials confirm that there is no state monitoring or enforcement to assure
that local agencies actually provide equitable education service
in state public schools as required by law.
Please send corrections or inquiries to: info@USCivicLeague.org
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1 "... In view of the
importance of education to society and to the individual child, the opportunity to
receive the schooling furnished by the state must be made available to
all on an equal basis...." Jackson v. 681*681 Pasadena City
School Dist. (1963) 59 Cal.2d 876, 880 [31 Cal. Rptr. 606, 382 P.2d
878].), Butt
v. State of California, 842 P. 2d 1240 - Cal: Supreme Court 1992.
2
"In sum, the California Constitution
guarantees "basic" equality in public education, regardless of district
residence. Because education is a fundamental interest in California,
denials of basic educational equality on the basis of district
residence are subject to strict scrutiny." Butt
v. State of California, 842 P. 2d 1240 - Cal: Supreme Court 1992.
3
"[M]anagement and
control of the public schools [is] a matter of state[, not local,] care
and supervision...." (Kennedy v. Miller,
supra, 97 Cal. at p. 431; see also Hall v. City of Taft (1956) 47
Cal.2d 177, 181 [302 P.2d 574]; California Teachers Assn. v. Huff
(1992) 5 Cal. App.4th 1513, 1523-1524 [7 Cal. Rptr.2d 699].), "The
State is the entity with ultimate responsibility for equal operation of
the common school system" Butt
v State of California, 842 P. 2d 1240 - Cal: Supreme Court 1992.
4Serrano v. Priest. Also, see
"A Guide to California's School Finance System", California Dept. of Education
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