Berkeley Unified School Dist. v. STATE OF CALIF.

This is an appeal by numerous school districts (the Districts) from a judgment denying them reimbursement, pursuant to California Constitution, article XIII B, section 6, for the costs of a program, formerly required by regulations of the Department of Education, to alleviate and prevent racial and ethnic segregation of students (the antisegregation regulations). The trial court entered a judgment denying the Districts’ petition for mandamus and declaratory relief on the ground it is barred by the statute of limitations. The Districts appeal.

Government Code section 17612 establishes the exclusive remedy for violation of article XIII B, section 6, after the Legislature has deleted funds from a local government claims bill to pay for the mandated costs—an action to stay enforcement of the further expenditure of mandated costs. The date the Legislature deletes the funds also is the date upon which a cause of action accrues for reimbursement of state-mandated costs expended prior to that date.

We will conclude that because the Districts did not use the remedy of section 17612 they waived any right to reimbursement for costs incurred thereafter and that the statute of…