RE: RECOMMENDATION 36/HOME RULE ?????

The concept of "home rule" was discussed during the Governance Working Group meetings.  In the group's final report, the "home rule" provision was addressed under the section, Governance Background-Local Control.

Essentially, the working group acknowledged that K-12 education is a fundamental state interest.  The group's final report states, "with respect to K-12 education, California's constitution does not allow state government to relinquish to local authorities its ultimate responsibility to provide a free and equitable public education."  The working group concluded that this fact runs counter at times, to the growing political views that local communities are in the best position to identify and address their local needs. 

As a result of that discussion, the working group believed the concept of "home rule" could provide additional necessary local control to school districts. Overtime, this provision would shift some control rather than responsibility, from the state to the local community. 

The Willimas v. State of California was referenced as an example of the state's legal responsibilitiy for its public education system, including adequate physical facilities, books, trained teaches and seats for students.

California's constitution does not allow the state government to relinquish to local authorities its ultimate responsibility to provide a free and equitable public education.  The "home rule" provision, however, may provide a means for the local community to help share that responsibility.  Assuming that the local communities are best positioned to identify and address local issues, the "home rule" provision merits futher consideration.