For Good Cause Shown: What does it mean when applying for an exemption from Proposition 28’s “80%” requirement?

Education Code Section 8820(h) states that the California Department of Education (CDE) may, “for good cause shown”, provide a waiver to exempt Local Education Agencies (LEAs) from Proposition 28’s requirement that 80% of funding is spent to hire certified or classified employees to provide arts and education instruction.  However, Proposition 28 does not specifically define what “good cause” means.  Generally, “good cause” is determined based on the facts of the given circumstances, and includes reasons that are fair, honest, made in good faith, not trivial, arbitrary, capricious, or pretextual, and reasonably related to the stated needs, goals, and purposes. (See, Tanguilig v. Valdez,  (2019) 36 Cal.App.5th 514, 527-528.) Therefore, LEAs that can show good cause for an exemption which may increase the likelihood that the waiver described in Education Code 8820(h) may be granted if the LEA chooses to apply.

Read more about Proposition 28 and waiver exemptions here.

“It’s wonderful that voters want to help, and I appreciate the funding, but it would be great if we could spend it on things we actually need. Right now, the money is just sitting there, which is very frustrating when we have all these other needs.” The district applied for a waiver, allowing flexibility in spending the money. The state has received several waiver requests and staff are reviewing them now.

www.kqed.org/…