Volume I, No. 13

February 13, 2009

State Superintendent Jack O’Connell Sponsors 2009 Statewide School Bond Bill

Patti Herrera - pherrera@m-w-h.com

State Superintendent Jack O’Connell announced during his annual State of Education Address (http://www.cde.ca.gov/eo/in/se/yr09stateofed.asp) that he is sponsoring legislation for a 2009 school bond bill.  Assembly Member Julia Brownley (D-Santa Monica), Chair of the Assembly Education Committee, introduced Assembly Bill 220 (AB 220) as the vehicle for the statewide school bond, although the total value of the bond package is unspecified.

There has been debate about whether the State Constitution allows the Legislature to place a General Obligation bond on a statewide ballot in odd-numbered years.  The Constitution stipulates that such bonds can be put on statewide ballots through Legislative action only during general or direct primary elections, which was presumed to occur only during even-numbered years.  In that any election in 2009 would be a special election, it was believed that a 2009 statewide school would be prohibited under the Constitution.  Superintendent Jack O’Connell, however, believes that the Elections Code permits a 2009 school bond.  The Elections Code permits this for two reasons.  First, without specific prohibition, or alternative definition, a special election is a general election under the code, and second, the Elections Code prescribes certain dates that general elections can called in odd-numbered years. Thus, insofar as the special election is called on a date authorized under the Elections Code, a 2009 school bond measure is permissible.  Barring any challenge to this legal interpretation, the education community may see a school bond this year.

Outside of the legal wrangling, AB 220 (Brownley), was introduced as a shell.  There are no substantive provisions of the bill to prescribe new programs for school facilities or modifications to existing ones.  Moreover, the State’s fiscal health and its ability to pay debt service on future bonds – as a counter balance to need – will play a key role in determining the total value of the bond package, which will be shared by the K-12 community, community colleges, CSU, and UC.