The plaintiff districts claimed that the commission fatally
violated a provision
of the state constitution holding that the
local «
school board shall operate,
control and supervise all free public
schools within the
school district.»
The American Civil Liberties Union (ACLU), along with Americans United for Separation
of Church and State, sued, citing a host
of constitutional offenses, including
violating the ban on support for private
schools and churches (the state's Blaine Amendment), the ban on religious tests, the guarantee
of religious freedom, the uniformity requirement in the education clause, the prohibition on support for private institutions, and, for good measure, the guarantee
of local control.
He noted that districts had some
local control until the 1970s, when a series
of court cases found California's method
of school funding
violated the equal protection clause
of the U.S. Constitution.