New California Supreme Court Opinion

The new opinion by the California Supreme Court appears to have almost no effect on schools. The opinion, California Cannabis Coalition et. al.  v. City of Upland et.al,. is a very narrow opinion dealing with an issue that is a local government, but not school district, series of Constitutional and statutory  provisions on local initiatives to place revenue measures on the ballot.

The issue revolves around which ballot – general election or special election if placed on the ballot at all. Cities and counties have much broader revenue raising ability than schools.  For example, a city council can vote to increase certain revenues without a vote of the people if a local initiative to increase that revenue has qualified for the ballot. School boards have no such authority.

The exercise of that authority was part of the case that was decided by the Supreme Court. Because schools do not have this authority, and for many other reasons, the decision probably will have no or very little effect on school districts.

However, subsequent litigation on issues, such as voter approval requirements lower than 2/3 for special taxes, raised in the case but not decided by the court could affect schools – but that is something that is a long way down the legal road with no clear outcome.

~ CASH Staff