SCA 16: Educational expenses: education savings accounts: University of California admissions.

(1)Existing provisions of the California Constitution require the Legislature to encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The California Constitution also requires the Legislature to provide for a system of common schools by which a free school is kept up and supported in each district at least 6 months in every year. The California Constitution also prohibits public money from being appropriated for the support of any sectarian or denominational school or for any school not under the exclusive control of the officers of the public schools.

This measure, notwithstanding the constitutional provisions referenced above or any other provision of the California Constitution, would authorize the state, and every agency or political subdivision of the state, to disburse funds pursuant to an agreement between the state and a parent or legal guardian of an eligible child for tuition and education related expenses, as provided by statute, and to provide tax or other public benefits to educational institutions, irrespective of religious affiliation, to further the promotion of intellectual, scientific, moral, and agricultural improvement.

(2)Existing provisions of the California Constitution establish the University of California as a public trust under the administration of the Regents of the University of California. The California Constitution grants to the regents all the powers necessary or convenient for the effective administration of this public trust. These provisions limit the extent of legislative control over the university to the control that is necessary to ensure the security of its funds and compliance with the terms of the endowments of the university and competitive bidding procedures as may be made applicable to the university by statute for the letting of construction contracts, sales of real property, and purchasing of materials, goods, and services.

This measure would provide that the University of California is also subject to legislative control as may be necessary to provide for priority in admissions for California residents.