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California
Vouchers
Blaine Amendments
“No public money shall ever be appropriated for the support of any sectarian
or denominational school, or any school not under the exclusive control of the
officers of the public schools; nor shall any sectarian or denominational doctrine
be taught, or instruction thereon be permitted, directly or indirectly, in any of the
common schools of this State.” California Const. Art. IX, § 8.
“Neither the Legislature, nor any county, city and county, township, school
district, or other municipal corporation, shall ever make an appropriation,
or pay from any public fund whatever, or grant anything to or in aid of any
religious sect, church, creed, or sectarian purpose, or help to support or
sustain any school, college, university, hospital, or other institution controlled
by any religious creed, church, or sectarian denomination whatever; nor shall
any grant or donation of personal property or real estate ever be made by the
state, or any city, city and county, town, or other municipal corporation for
any religious creed, church, or sectarian purpose whatever; provided, that
nothing in this section shall prevent the Legislature granting aid pursuant to
Section 3 of Article XVI.” California Const. Art. XVI, § 5.
Tax Credits
EXISTING SCHOOL CHOICE PROGRAMS
Yes
Public School Choice: Intradistrict/mandatory
California Education Code Section 35160.5
Intradistrict and Interdistrict/voluntary
California Education Code Sections 46600
to 46611
Yes
Charter Schools: California Education Code Sections 47600
to 47660, California Education Code
Sections 41365 to 41367
Private School Choice: No
continued on next page
RELEVANT CASE LAW
California Statewide Communities
Development Authority v. All Persons
Interested, 2007 Cal. LEXIS 1914 (Cal.
2007)
The California Supreme Court held
that the issuance of tax-exempt
bonds for the benefit of “pervasively
sectarian” religious schools would
not necessarily violate the state’s
second Blaine Amendment (Article
XVI, Section 5).
California Teachers Association v. Riles,
632 P.2d 953, 960 (Cal. 1981)
The California Supreme Court
held that lending textbooks to
private schools violated the state
Constitution’s Blaine Amendments.
Bowker v. Baker, 167 P.2d 256 (Cal. 1946)
The California Supreme Court
held that transporting private
school students at public expense is
constitutionally acceptable because
it is aimed at child safety not
education, and any benefit to the
school is “incidental.”
California
Vouchers
Tax Credits
continued from previous page
Wilson v. State Board of Education, 89 Cal.
Rptr. 2d 745 (Ct. App. 1999)
A California Court of Appeals held that
charter schools are considered “public
schools” for the purpose of California’s
first Blaine Amendment (Article IX,
Section 8).
Woodland Hills Homeowners Organization v.
Los Angeles Community College District, 266
Cal. Rptr. 767, 774 (Ct. App. 1990)
A California Court of Appeals upheld a
community college’s temporary lease of
surplus land to a religious organization
at fair market value under California’s
second Blaine Amendment (Article XVI,
Section 5).
Board of Trustees v. Cory, 145 Cal. Rptr. 136,
139 (Ct. App. 1978)
Citing Bowker, a California Court of
Appeals held that direct payment of
federal funds to private medical schools
violates the first of California’s Blaine
Amendments because it does not fit
within the “incidental” or “indirect benefit
exception,” and provides funds to schools
“not under the exclusive control of officers
of the public schools.”
Tax credits are California’s best option for school choice. Vouchers are
problematic given California’s very restrictive interpretation of its Blaine
Amendments. That interpretation prevents any public body from the
state down to the local school board from allowing any public money
from any source whatsoever to go to a religious or private school. California courts have explicitly rejected the distinction between aiding
students versus aiding schools.
Model Legislation: Great Schools Tax Credit Program, Family Education Tax
Credit Program
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