No. B228680.

192 Cal.App.4th 1507 (2011)

CALIFORNIA SCHOOL BOARDS ASSOCIATION et al., Petitioners, v. EDMUND G. BROWN, JR., as Governor, etc., et al., Respondents.

Court of Appeals of California, Second District, Division Three.

February 25, 2011.

Attorney(s) appearing for the Case

Olson, Hagel & Fishburn, Deborah B. Caplan , N. Eugene Hill and Matthew R. Cody for Petitioners.

Atkinson, Andelson, Loya, Ruud & Romo, Karen E. Samman and Diane B. Rolen for Clovis Unified School District as Amicus Curiae on behalf of Petitioners.

Abraham K. Apraku for Mental Health Advocacy Services as Amicus Curiae on behalf of Petitioners.

Jeffrey A. DeLand for California State Legislature as Amicus Curiae on behalf of Petitioners.

Brian D. Lerner as Amicus Curiae on behalf of Petitioners.

Remcho, Johansen & Purcell, Karen A. Getman and Margaret R. Prinzing for California Teachers Association as Amicus Curiae on behalf of Petitioners.

Ronald D. Wenkart for Schools Legal Service as Amicus Curiae on behalf of Petitioners.

Association of California School Administrators; California Association of School Business Officials; California Congress of Parents Teachers & Students; California County Superintendents Educational Services; East County Special Education Local Plan Area; Grossmont Union High School; North Coastal Consortium for Special Education; North Inland Special Education Region; Poway Unified School District; Ramona Unified School District; San Diego South County Special Education Local Plan Area; and Torrance Unified School District as Amici Curiae on behalf of Petitioners.

Kamala D. Harris , Attorney General, Douglas J. Woods , Acting Assistant Attorney General, Constance L. LeLouis and Tamar Pachter , Deputy Attorneys General, for Respondents the State of California, Governor Edmund G. Brown, Jr., Secretary of the California Health and Human Services Agency, Diana S. Dooley and Acting Director of the Department of Mental Health, Cliff Allenby.

Amy Bisson Holloway and Peter J. Stubbs for Respondent Tom Torlakson.*



Under California Constitution, article XIII B, section 6, subdivision (a), whenever the state mandates a new program or higher level of service upon a local government, the state is required to provide a subvention of funds to reimburse the local government for the costs of the mandated program or increased service. In this case, we are concerned with a mandated program for which the state is several hundred million...


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