The California State Supreme Court has ruled that public education is a
Fundamental Protected Right to be
managed by the State rather by local governance.
"[M]anagement and control of the public schools [is] a matter of state[, not local,] care and supervision...."
Butt v. State of California (1992) 4 Cal. 4Th 674, 693. citing Kennedy v. Miller (1893) 97 Cal. 429, 431.
The court ruled that public education must be basically equal for all children.
"In sum, the California Constitution guarantees 'basic' equality in public education, regardless of district residence."
Butt v. State of California (1992)
However, the California Department of Education (CDE) continues to ignore the Ruling. In 2024,
the CDE stated:
"California is a Local Control State. This means that your local school district is governed and
managed by your elected school board trustees. The Civic Center Act does not specifically authorize enforcement
oversight by the California Department of Education or any other agency. Hence, when constituents request clarification
on how much districts charge for the use of their facilities, the CDE must direct them to their local school board."
The State constitution states
"The Governor shall see that the law is faithfully executed." Governor also ignores the court rulings.
Drinking fountain.
2009 - Independence HS East San Jose, CA
Grafitti stays for a long time.
2009 - Silver Creek HS East San Jose, CA
Classroom white board used for school bathroom privacy partitian.
2009 - Independence HS East San Jose, CA
Showers exposed to wood and rot.
2009 - Independence HS East San Jose, CA
Questions to ponder:
Should the California Department of Education be adhering to the State Supreme Court ruling?
Should the State Governor take action to assure that the law is being followed?
Does disparity in public education service and facilities foster resentment against the government?
The State officials are in the same political party as local officials. Do public officials
become blind to violations of law by their fellow elected officials in the same political party?