California Proposition 9, Textbook Loan Program (1982)
Proposition 9, if it had been approved, would have amended the California Constitution to allow the California State Legislature to re-establish a textbook loan program for students in non-public schools. Proposition 9 included some limitations on the extent to which textbooks could be loaned, on a library-type basis, to such students:
- It would have prohibited lending textbooks to students attending schools where students are excluded from enrollment because of their race or color.
- It would have extended the authorization to establish a textbook loan program only to the provision of textbooks and would not have authorized the provision of other instructional materials.
- It would have prohibited any appropriation for any textbook loan programs from funds budgeted for the support of public schools.
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- SEC. 7.5 (a) The State board of Education shall adopt textbooks for use in grades one through eight throughout the State, to be furnished without cost as provided by statute.
- (b) Notwithstanding Section 8 of this article or Section 5 of Article XVI, the Legislature may provide that textbooks which are available to pupils attending the public schools may be loaned on a library-type basis to pupils entitled to attend the public schools but who attend schools other than the public schools, except that textbooks may not be loaned to those pupils who attend schools which exclude pupils from enrollment because of their race or color.
- The authorization to establish a textbook loan program shall extend only to the provision of textbooks and shall not be construed as authorizing the provision of any instructional materials other than textbooks.
- In no event shall any appropriation be made for the textbook loan program from funds budgeted for the support of the public schools.
- SEC. 8. (a) No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools; nor shall any sectarian or denominational doctrine be taught, or instruction thereon be permitted, directly or indirectly, in any of the common schools of this State.
- (b) Notwithstanding subdivision (a) and Section 5 of Article XVI, the provision of textbooks to pupils attending schools other than the public schools, pursuant to subdivision (b) of Section 7.5, may not be construed as an appropriation for the support of any school.
Proposition 9's official ballot summary said:
- "Authorizes Legislature to provide that textbooks available to pupils attending public schools may be loaned on library-type basis to pupils entitled to attend public schools but who attend nonpublic schools which do not exclude pupils from enrollment because of race or color. Specifies that authorizing a textbook loan program shall not be construed as authorizing provision of instructional materials other than textbooks; that appropriations for the textbook loan program shall not be made from funds budgeted for support of public schools; and that so providing textbooks is not an appropriation for school support. Summary of Legislative Analyst's estimate of net state and local government fiscal impact: No impact until implemented by legislation. When implemented, state annual costs could exceed $4 million for a program similar to that in 1980-81 in grades kindergarten-8 and an additional $1 million annually in grades 9-12. Also unknown state and local administrative costs."
The fiscal estimate provided by the California Legislative Analyst's Office said:
- "By itself, this measure would have no direct state or local fiscal impact because it authorizes, rather than requires, the Legislature to take specific action.
- However, if the Legislature were to reestablish a private school pupil textbook loan program, similar to that which existed in 1980-81, state costs for private school pupils in grades kindergarten through 8 could be over $4 million annually. If the program were extended to pupils in grades 9 through 12, the costs would be significantly higher, possibly exceeding an additional $1 million per year. Local public schools or libraries or the state could incur unknown costs to administer this "loan" program, depending on the nature of the implementing statute enacted by the Legislature."
Path to the ballot
The California State Legislature voted to put Proposition 9 on the ballot via Senate Constitutional Amendment 40 (Statutes of 1982, Resolution Chapter 66).