Today's Law As Amended


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SCA-9 Educational expenses: education flex accounts and special education flex accounts.(2023-2024)



As Amends the Law Today


First—

 That Section 8.5 is added to Article IX thereof, to read:

SEC. 8.5.
 Notwithstanding any other provision of this Constitution, including Section 8 of this article and Section 5 of Article XVI, the State, and every agency or political subdivision of the State, may disburse funds pursuant to an agreement between the State and a parent or legal guardian of an eligible child for tuition and education-related expenses associated with attending a private school that serves students in kindergarten or any of grades 1 to 12, inclusive, irrespective of religious affiliation, as provided by statute, and may provide tax or other public benefits to a private school serving students in kindergarten or any of grades 1 to 12, inclusive, irrespective of religious affiliation, to further the purposes of Section 1 of this article.

Second—

 That Section 8.1 is added to Article XVI thereof, to read:

SEC. 8.1.
 For purposes of Section 8 of this article and Section 8 of Article XIII B, the term “average daily attendance” shall include the average daily attendance of all children enrolled in public kindergarten schools, elementary schools, and secondary schools and the average daily attendance of all children who are otherwise eligible to enroll in public kindergarten schools, elementary schools, and secondary schools but have chosen to fund their kindergarten, elementary, or secondary education with an Education Flex Account or Special Education Flex Account established pursuant to Article 19.1 (commencing with Section 69995) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code. Notwithstanding any other provision of this Constitution, including Section 25.5 of Article XIII, the Legislature may, by statute, require the allocation of ad valorem property tax revenue pursuant to Section 69995.11 of the Education Code.
Third—
 (a) The provisions of this measure are severable. If any provision of this measure or its application is for any reason held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, that decision shall not affect any other provision or application that can be given effect without the invalid provision or application. The Legislature hereby finds and declares that it would have adopted this measure and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not declared invalid or unconstitutional irrespective of whether any portion of this measure, or application thereof, is subsequently declared invalid or unconstitutional.
(b) This measure is intended to be comprehensive. It is the intent of the Legislature that if this measure, and acts relating to the same subject, appear on the same statewide election ballot, the provisions of the other act or acts shall be deemed to be in conflict with this measure. If this measure, and one or more conflicting acts, are adopted by the voters in the same election, and this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and all provisions of the conflicting acts shall be null and void.
(c) (1) Except as provided in paragraph (2), the Attorney General shall defend against any action challenging, in whole or in part, the validity of this measure, and shall have an unconditional right to intervene in any action to defend the validity of this measure.
(2) If the Attorney General declines to defend the validity of the measure in any action, the Attorney General shall nonetheless file an appeal from, or seek review of, any judgment of any court that determines that the measure is invalid, in whole or in part, if necessary or appropriate to preserve the state’s standing to defend the law in conformity with the Attorney General’s constitutional duty to see that the laws of the state are adequately enforced.