Proposition 88			00.00 10/05
	Submitted as: "Classroom Learning and Accountability Act.""
	Full Extract
	Type:  Amendment to the California Constitution, Education Code, and Government Code
	Subject:  Special property tax to provide K-12 school funding.
	Submitters:  John D. Adkinson
	Supporting Organization:
		Name:	Taxpayers for Better Schools and Smaller Classes 1215 K St., Ste. 2260 Sacramento, CA 95814
		Email: info at votefor88.org
		Web Site: www.votefor88.org
		Phone: 800.584.8132
	Opposing Organization:
		Name:	Californians Against the Statewide Parcel Property Tax 925 University Ave Sacramento, CA 95825
		Email: info at noprop88.com
		Web Site: www.noprop88.com
		Phone: 916.927.1512
	Section 1 Title
	This measure shall be known as the "Classroom Learning and Accountability Act".
	Section 2 Findings and Declaration of Purpose.
	[Statement of the problem and how this tax will fix it.]
	Section 3
	Adds a new Section 6.2 to Article IX of the California Constitution
	Sec. 6.2 (a)  The Classroom Learning and Accountability Fund is hereby created in the State Treasury and is continuously appropriated for the support of kindergarten through twelfth grade educational programs.
	Sec. 6.2 (b)  This Fund shall not be used to pay for administrative overhead.  Instead, it will be used for the following:
	Sec. 6.2 (b)  (1) $175 million to reduce class sizes in grades kindergarten through 12.
	Sec. 6.2 (b)  (2) $100 million for textbooks and other instructional materials approved by the State Board of Education.
	Sec. 6.2 (b)  (3) $100 million to enhance the safety and security of students, teachers, and school staff.
	Sec. 6.2 (b)  (4) $85 million for Academic Success facility grants to any qualifying school district which has not received funding from the proceeds of a State general obligation bond for school construction or modernization.
	Sec. 6.2 (b)  (5) $10 million for an integrated longitudinal teacher and student achievement data system that provides a better means of evaluating the efficiency and effectiveness of educational programs and investments.
	Sec. 6.2 (c)  The amounts deposited in the Classroom Learning and Accountability Fund shall be used exclusively for the purposes set forth in this section, to add to but not replace federal, State, or local funds used for educational programs.  The Legislature shall set penalties for misuse of funds appropriated and allocated pursuant to this section.
	Sec. 6.2 (d)  The money apportioned per (b) (1 - 3) above shall be distributed directly to school districts, county offices of education, and public charter schools, on a per-student basis.  Using variables and data that are objective, measurable, and auditable, the Legislature shall weight the per-student allocation to account for differential student-level costs associated with achieving State and federal achievement standards based on disabilities, English proficiency, or socioeconomic status.
	Sec. 6.2 (e)  The allocation of funds in subdivision (b) shall be adjusted annually on a proportional basis to reflect actual revenues received and interest earned.
	Sec. 6.2 (f)  None of the provisions of this section shall alter or affect any right to equal protection provided by this Constitution.
	Section 4
	Adds a new Section 21.5 to Article XIIIA of the California Constitution
	Sec. 21.5 (a) An assessment of $50 shall be levied on each real property parcel that is not otherwise exempt from property taxation pursuant to this Article.  The assessment shall be collected annually at the same time and in the same manner as the ad valorem property tax.
	Sec. 21.5 (b) A parcel is exempt from the assessment described in this section if the owner of the parcel resides on the parcel and is either a person 65 years of age or older, or is a severely and permanently disabled person as that term is defined by the Revenue and Taxation Code.
	Sec. 21.5 (c) For purposes of this section, "parcel" means any unit of real property in the State that receives a separate tax bill for ad valorern property taxes.  Any property that is otherwise exempt from or on which is levied no ad valorem property taxes in any year shall also be exempt from the parcel tax levied by this section in such year.
	Sec. 21.5 (d) Each fiscal year, the revenue generated by the assessment described in this section shall be calculated and transferred as follows:
	Sec. 21.5 (d) (1) No more than two tenths of one percent shall be appropriated to counties for the purpose of defraying the costs incurred in implementing this section.
	Sec. 21.5 (d) (2) The amount necessary to offset any decrease in State personal and corporate income tax revenues caused by increased deductions taken as a result of the assessments described by this section shall be transferred to the State General Fund.
	Sec. 21.5 (d) (3) After the transfer of the amounts calculated in paragraphs (d) (l and 2) above, the remainder, including any interest earned thereon, shall be transferred to the Classroom Learning and Accountability Fund.
	Section 5
	Adds a new Section 14 to Article XIIIB of the California Constitution
	Sec. 14  (a)  "Appropriations subject to limitation" of each entity of government shall not include appropriations of revenue from the Classroom Learning and Accountability Fund.  No adjustment in the appropriations limit of any entity of government shall be required pursuant to Section 3 as a result of revenue being deposited in or appropriated from the Classroom Learning and Accountability Fund.
	Sec. 14  (b) For purposes of this article, "proceeds of taxes" shall not include the revenues derived from the taxes imposed pursuant to Section 21.5 of Article XIIIA, but shall include those revenues described in paragraph (d)(2) of Section 21.5 of Article XIIIA.  [Section 21.5 is added by this Initiative.]
	Section 6
	Adds a new section 8.3 to Article XVI of the California Constitution
	Sec. 8.3  (a) With the exception of the revenue described in Section 21.5 (d) (2) of Article XIIIA of the California Constitution, revenues derived from the taxes imposed by that Section shall not be deemed to be "General Fund revenues which may be appropriated pursuant to Article XIIIB" as that phrase is used in Section 8 (b) (1) nor shall they be considered in the determination of "per capita General Fund revenues" as that term is used in Section 8 (b) (3) and (e).
	Sec. 8.3  (b)  Funds appropriated pursuant to Section 6.2 of Article IX shall not be deemed to be part of "total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIIIB" as that phrase is used in paragraphs (2) and (3) of subdivision (b) of Section 8 (b) (2 and 3).
	Section 7
	Adds a new Section 14003 to the Education Code
	14003 Money from the Classroom Learning and Accountability Fund shall not be included in calculating and apportioning funds as provided in Sections 2558, 42238, or 56836.08.  Money from the Fund shall not be included in a school district's expenditures per Section 33128.  With the exception of funds for Academic Success facility grants described in Section 52057.1 [Added by this Initiative, see below], the Controller shall distribute the revenues in the Classroom Learning and Accountability Fund at least twice during the fiscal year.  [2558 covers state aid to county superintendents of schools, 42238 covers allocation of the state aid to county school districts by the county superintendent,  56836.08 does the same for special education allocations, and 33128 provides the criteria to be used to compute the allocation.]
	Section 8
	Adds a new Section 41020.4 to the Education Code
	41020.4  Each fiscal year, every school district shall perform an independent audit of the money received from the Classroom Learning and Accountability Fund.  The audit may be prepared as part of any annual audit already required, but it shall show how moneys received from the Classroom Learning and Accountability Fund were spent by category and program.  The audit shall be reviewed by the applicable county superintendent of schools and the Superintendent of Public Instruction, all of whom shall post the audit reports on their web sites.
	Section 9
	Adds Section 52057.1 to the Education Code
	52057.1  (a)  Funds for Academic Success facility grants appropriated per Section 6.2 (b) (4) of Article IX of the California Constitution shall be apportioned directly to qualifying school districts as defined by this section.
	52057.1  (b)  Provides a set of definitions:
	52057.1 (b) (1) A "qualifying school district" is an academically successful eligible charter school or a school district with one or more academically successful schools other than eligible charter schools.  Schools which have received funding from the proceeds of a State general obligation bond for school construction or modernization do not qualify.
	52057.1 (b)  (2) An "academically successful school" is a school ranked in deciles 6 to 10, inclusive, on the Academic Performance Index when compared to similar schools as reported for the prior academic year by the State Board of Education.
	52057.1  (b)  (3) An "eligible charter school" is a charter school operated and governed by or as a nonprofit public benefit corporation, formed and organized pursuant to the applicable nonprofit public benefit corporation law, where the majority of the certificated teachers at the school are employees of the nonprofit corporation
	52057.1  (c)  Academic Success facility grants shall be distributed to qualifying school districts at the time of the second principal apportionment in the form of general purpose funding.  Subject to (d), Academic Success facility grants shall be $500 per student and shall be awarded on a per student basis for each student enrolled in an academically successful school.  Students in academically successful eligible charter schools shall not be counted in calculating the amount of any Academic Success facility grant that is distributed to a school district..
	52057.1  (d)  Contrary to (c), if at the time of the second principal apportionment there is insufficient money in that portion of the Classroom Learning and Accountability Fund described by  Section 6.2 (b) (4) of Article IX of the California Constitution [Added by this Initiative, see above] to provide for the per-pupil allocation specified in subdivision (c), the per-pupil allocation shall be adjusted on a proportional basis to ensure that all qualifying school districts receive an Academic Success facility grant in an equal amount per student.
	52057.1  (e)  Any money remaining in that portion of the Classroom Learning and Accountability Fund after apportionment of funds for Academic Success facility grants shall remain in the Classroom Learning and Accountability Fund and shall be available for distribution to qualifying school districts in the following year.
	Section 10
	Adds Section 60901 to the Education Code
	60901  Each school district shall collect and report data necessary for the creation and maintenance of the State's integrated longitudinal teacher and student data system as defined by the Legislature and described in  Section 6.2 (b) (5) of Article IX of the California Constitution.
	Section 12 Severability
	The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
	Section 13 Amendment
	This Act shall be broadly construed to accomplish its purposes.  Any of its provisions may be amended by a bill that complies with the single subject rule expressed in Section 9 of Article IV of the California Constitution, and that is passed by a two-thirds vote of the Legislature and signed by the Governor, so long as such amendments are consistent with and further the intent of this Act.
	Section 14 Effective Date
	This Initiative shall go into effect on July 1, 2007
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