Critique of PAVE2000 Titling and Summary
by John J. "Jack" Hickey, Proponent

Titling and Summary of PAVE2000 submitted by the California Attorney General on March 10, 2000

ELIMINATION OF PUBLIC SCHOOLS AND FUNDING, VOUCHER SYSTEM. INITIATIVE CONSTITUTIONAL AMENDMENT. Amends Constitution to eliminate public education for grades K-12. Prohibits State from operating or regulating K-12 or technical schools and providing textbooks and other instructional materials. Establishes Educational Performance Fund to provide redeemable vouchers for educational expenses. Eliminates public educational funding after 20 years. Requires testing of students to determine performance levels. Requires Legislature to encourage formation of open-enrollment schools and provide legislation for low cost teacher housing/training facilities. Automatically qualifies credentialed teachers as licensed child care providers who may receive assignments of vouchers. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Sales of public schools could generate one-time revenues potentially exceeding $100 billion. Measure could also result in annual long-term savings approaching $100 billion for elimination of public support of K-12 education; capital outlay savings to state and local governments of as much as $1 billion annually; and potential loss of federal funds in the billions of dollars annually.

Whereas the Title, ELIMINATION OF PUBLIC SCHOOLS AND FUNDING, VOUCHER SYSTEM. INITIATIVE CONSTITUTIONAL AMENDMENT., is overly descriptive and redundant with the first two lines of summary text, and inconsistant with a prior titling of a nearly identical measure in 1979 (EDUCATION. INITIATIVE CONSTITUTIONAL AMENDMENT) which was suggested to the AG by proponent on 10 January, 2000, and,

Whereas the above summary of the PAVE2000 Initiative by the Attorney General misstates fact by alleging that the measure "Requires testing of students to determine performance levels.", when in fact testing is voluntary, and,

Whereas the summary further incorrectly alleges that the measure would "...provide redeemable vouchers for educational expenses." when in fact educational attainment must precede redemption, and there is no connection between redemption and expenses, then,

Therefore, proponent of PAVE2000, John J. Hickey, Plaintiff, seeks judicial relief.

Plaintiff requests that the court order the Attorney General to replace the original titling and summary with the suggested revision below.

Suggested revision to correct factual errors in Attorney General's Titling and Summary

EDUCATION. INITIATIVE CONSTITUTIONAL AMENDMENT. Amends Constitution to eliminate public education for grades K-12. Prohibits State from operating or regulating K-12 or technical schools and providing textbooks and other instructional materials. Establishes Educational Performance Fund to provide redeemable vouchers for educational attainments. Provides for voluntary testing of student performance. Eliminates public educational funding after 20 years. Requires Legislature to encourage formation of open-enrollment schools and provide legislation for low cost teacher housing/training facilities. Automatically qualifies credentialed teachers as licensed child care providers who may receive assignments of vouchers. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Sales of public schools could generate one-time revenues potentially exceeding $100 billion. Measure could also result in annual long-term savings approaching $100 billion for elimination of public support of K-12 education; capital outlay savings to state and local governments of as much as $1 billion annually; and potential loss of federal funds in the billions of dollars annually.

TEXT of PAVE2000