Modification: California School Boards Association v. State of California

CALIFORNIA SCHOOL BOARDS ASSOCIATION et al.,

Plaintiffs and Appellants,

v.

STATE OF CALIFORNIA et al.,

Defendants and Respondents.

No. A148606

(Alameda County

Super. Ct. No. RG11554698)

California Courts of Appeal

First Appellate District

Division Five

Filed February 7, 2018

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN JUDGMENT]

Trial Judge: Hon. Evelio Grillo

Counsel:

Olson Hagel & Fishburn, Deborah B. Caplan and Richard C. Miadich, for Plaintiffs and Appellants California School Boards Association and its Education Legal Alliance.

Xavier Becerra, Attorney General, Douglas J. Woods, Senior Assistant Attorney General, Constance L. LeLouis, Supervising Deputy Attorney General and Seth E. Goldstein, Deputy Attorney General, for Defendants and Respondents State of California, State Controller John Chiang, and Director of the Department of Finance Michael Cohen.

Camille Shelton, Chief Legal Counsel, for Defendant and Respondent Commission on State Mandates.

THE COURT:

Appellants' January 31, 2018 petition for rehearing is denied. It is ordered that the opinion filed on January 16, 2018, be modified as follows.

On page 17, the last sentence of the second full paragraph, is amended to state:

But even if a school district's " 'proceeds of taxes' " include subventions received from the state, we are not persuaded the reference to "state funding" in Education Code section 42238.24 includes local tax revenues.

The modification effects no change in the judgment.

Dated: February 7, 2018 P. J.