San Diego School v. Com'n on State Mandates

Bill Lockyer, Attorney General, Andrea Lynn Hoch, Assistant Attorney General, Louis R. Mauro, Supervising Deputy Attorney General, and Susan R. Oie, Deputy Attorney General, for Real Party in Interest and Appellant.

Jo Anne Sawyerkoll and Jose A. Gonzales, for Plaintiff and Respondent.

NARES, Acting P.J.

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…