Students in a classroom at Lake Marie Elementary School in Whittier on Nov. 17, 2022. Photo by Lauren Justice for CalMatters

(CALMATTERS) – An initiative to amend the state constitution began as a response to something that Los Angeles Unified Superintendent Austin Beutner said years ago. During the COVID-19 pandemic, when parents grew increasingly frustrated over school closures and distance learning, Beutner said a district is only required to provide a free public education — not a high-quality one.

That prompted former Los Angeles Mayor Antonio Villaraigosa and a group of education advocates into action, writes CalMatters’ K-12 education reporter Joe Hong. Together, they want to make a “high-quality education” a civil right in California.

Before they start seeking signatures to have the proposal appear on the 2024 ballot, however, the coalition must land on the final language. Of the three versions of the initiative language that the Attorney General’s office already approved, the third is the coalition’s first choice.

It reads: “The state and its school districts shall provide all public school students with high-quality public schools that equip them with the tools necessary to participate fully in our economy, our society, and our democracy.”

Putting that in California’s constitution, supporters argue, would empower families and students to hold their schools and districts accountable. 

  • John Affeldt, managing attorney at Public Advocates civil rights advocacy group: “If education is going to be fundamental and meaningful… it has to deliver something of decent quality.”

Though the ballot measure faces no organized opposition, it still has its critics. The wording of a “high-quality” education is purposely vague, and could open the door to various legal battles — parents taking schools and districts to court over a range of issues such as teacher layoffs, school closures, remote instruction and book banning.

  • Richard Barrera, San Diego Unified School District board member: “It seems like the intention is to initiate lawsuits. It seems like it’s written in a way to drain funding from public schools to go into the pockets of lawyers.”

It’s been known to happen: In 2010, a group of grassroots organizations unsuccessfully sued the state to guarantee the right to a high-quality education. And a 2022 version of the ballot measure strongly suggested the possibility of legal action against schools and districts, though that language has now been scrubbed in the 2024 versions.

As for teacher unions, the California Teachers Association has decided to keep mum about the measure until it makes it onto the ballot, if it ever does. Keep in mind: After finalizing the language and fulfilling other requirements, supporters will need to gather at least 874,641 signatures — or 8% of votes cast in the last election for governor — to qualify the measure.