California

BY tune

Published May 25, 2015

Constitutional Provisions on Education

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.

Case Law Relevant to School Choice

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 Statewide Communities Development Authority v. All Persons Interested etc., 14 Cal. Rptr. 3d 811(2004), review granted, California Statewide Communities Development v. All Persons Interested, 2006 Cal. LEXIS9088 (Cal. 2006) (unpublished decision) (appeal pending; lower court decision depublished)
A California Court of Appeals held that proposals for the issuance of tax-exempt bonds for the benefit of “pervasively sectarian” religious schools violated the state’s Blaine Amendments.

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.”