Issue Brief: Understanding California’s Education System
It is important for parents and voters to understand how California’s K-12 public education system works. The following summary provides an overview of how California’s public schools are governed and funded.
California State Constitution. The first section of Article IX in the state constitution establishes California’s public education system: “A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.” Article IX:
Sets up a system of free “common” (or public) schools,
Outlines the election of a State Superintendent of Public Instruction and local school boards, and
Provides the legislature with the authority to enact various laws pertaining to public education (The California Education Code).
The Legislature and Governor. The California legislature consists of two houses, the Senate (40 elected members) and Assembly (80 elected members). Education legislation may be introduced in either chamber. If a bill makes it through all designated committees, and both houses vote to pass the legislation, it is sent to the governor, who can sign or veto the bill. If the governor does neither, the bill automatically becomes law. Every year, new bills are signed into law that impact California’s education system
The Annual State Budget. The state’s yearly budget is a primary way the legislature and governor direct public education. Each year, the governor must submit a proposed budget by January 10. The Senate and Assembly consider the budget in their committees and subcommittees, and ultimately both chambers cast their votes on the budget bill. The California Constitution requires budget bills to be passed by June 15. The 2022-23 budget, approved in the summer of 2022, provided $128.6 billion in funding for California public education for the fiscal year. That equates to $22,893 per pupil.
The California Education Code. The California Education Code is the body of law that governs education in California. It contains a wide assortment of laws and regulations on everything from administration, school finance and teacher credentialing to student attendance, safety standards, postsecondary education, and more. This code is complex and not always straightforward. School districts and County Boards of Education often rely on specialized lawyers to sort through the Education Code.
The California Department of Education (CDE). This agency oversees public education in the state. It’s led by the State Superintendent of Public Instruction, a position elected every four years in a nonpartisan race. The CDE is overseen by the eleven-member Board of Education: Ten of these board seats are appointed by the governor to serve four-year terms, and the eleventh seat is filled by a high school student for a one-year term. The Superintendent of Public Instruction is tasked with administering the Board of Education’s decisions.
While its regulatory authority is limited, the CDE has extensive oversight powers including but not limited to: academic testing and publishing the test results, making decisions about academic standards and their implementation, facilitating school funding authorized by the legislature and governor, maintaining special programs such as nutrition and mental health initiatives, and credentialing teachers. Ultimately, local school districts are responsible for the education of the students in their districts.
Local School Boards & County Boards of Education. Voters elect their local school board representatives through elections every two to four years. Along with the State Superintendent of Public Instruction, trustees for district school boards and county Boards of Education appear on the ballot. For the majority of the 58 counties in California, the County Superintendent is also elected. Each board is usually composed of 5-7 representatives, or “trustees,” that are elected for a four year term.
District boards are the governing entity with the closest authority over your public school, with curriculum, instruction, and personnel decisions falling under the district’s authority. Districts hire — and have the authority to fire — the district superintendent. County Boards of Education act as an appeals board for interdistrict transfers, charter school authorizations, and expulsions. They also have authority to approve and make revisions to the county budget. A county Board of Education also approves their Local Control and Accountability Plans (LCAPs) and administers certain student programs like special education and juvenile court schools.
School Bonds and Ballot Propositions. Voters often find education propositions and school bond measures on their ballot. Bond measures, if approved, authorize school districts or the state to raise funds by borrowing money (see the Parent Union Guide to Bonds for more details). Ballot propositions offer a way to amend the California Constitution or laws/statutes. Examples of education propositions passed by California voters are Proposition 98 (1988), which set requirements for minimum public school funding, and Proposition 49 (2002), which increased grants for before- and after-school programs and made all public schools, including charter schools, eligible for grants. In 2022, there was one education proposition on the ballot, Proposition 28, which voters approved that allocates money from California’s General Fund to use for K-12 arts and music education.