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Mandates will be Heard
 

On December 15, 2008, the long-awaited (for some!) hearing on the Mandate Reimbursement Process, Open Meetings Act, and School Accountability Report Cards claims will commence in Sacramento.  It may be difficult to recall these programs as they have been gone for years, but the Appellate Court will finally hear oral arguments to determine whether to return these programs to the education community.
 
Last year the Superior Court held that the State violated Article XIII B, section 6 by eliminating these programs and ordered them reinstated as reimbursable state-mandates.  However, the State filed an appeal seeking to overturn the lower court's decision.  Now, after a year and a half, the Appellate Court will be hearing oral argument and deciding the fate of these three long-standing mandate programs.  While it is unknown how the Court will rule in this case, the questions asked and demeanor of the panel may shed some light on the particular issues it sees as central to the success or failure of the State's appeal.
 
We will keep you posted after the hearing and give you our take of the arguments, questioning, and how we believe the court will rule.
 
Please feel free contact us with any questions regarding these or any other mandate program. 
 
 
Steve Smith, President 
 
David E. Scribner, Esq., CEO

dscribner@max8550.com 

Scribner & Smith
2200 Sunrise Boulevard, Suite 220
Gold River, California 95670
 T 916.852.8970    F 916.852.8978