San Diego Unified School Dist. v. Commission of State Mandates
99 Cal.App.4th 1270, 122 Cal.Rptr.2d 614, 2002.CA.0006182, 2 Cal. Daily Op. Serv. 6020, A.R. 7577(2002 Daily Journal D)
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Publisher Description
CERTIFIED FOR PUBLICATION Section 6 of article XIII B of the California Constitution (hereafter section 6) provides, with certain exceptions, that ""[w]henever the Legislature or any state agency mandates a new program or higher level of service on any local government, the state shall provide a subvention of funds to reimburse such local government for the costs of such program or increased level of service . . . ."" (Italics added.) We are called upon here to determine the extent to which California public school districts are entitled to reimbursement under section 6 for costs incurred in carrying out (1) mandatory expulsions of students under Education Code 1 section 48915, subdivision (b) (hereafter section 48915(b)), for possession of a firearm at school or at a school activity off school grounds; and (2) discretionary expulsions of students under section 48915, subdivision (c) (hereafter section 48915(c)), for other specified types of misconduct at those locations.