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The Nooner for Saturday, July 18, 2020, presented by SYASL Partners
GENERAL ELECTION DATA POINTS
Well, that was a quiet news Friday. 🙄 It was like a Whack-a-Mole news day...
Before lunch there was six hours of writing, the PPIC discussion with the three public higher education segment leaders, and then NewsomAtNoon. Let's hope the weekend is a bit quieter before we have our last week before we add the Legislature's sprint for the final month of the regular session.
If you missed the PPIC online event with UC President Janet Napolitano, CSU Chancellor Tim White, and California Community Colleges Chancellor Eloy Ortiz-Oakley moderated by PPIC president and CEO Mark Baldassare, it is available online. While after twenty years in the policy area I am just a casual onlooker now, I very much enjoyed the panel. They discussed how the systems are preparing to serve students primarily by distance this fall, how this may change higher education delivery permanently, the particular challenges with students from disadvantaged backgrounds and those currently unhoused, DACA, budget cuts and affordability, and more.
Let's get to it after the jump. During yesterday's PPIC event, CSU Chancellor White recognized Cal State LA for its position as number one in the nation for upward mobility, yielding the greatest measurable increases in earning power among American colleges and universities. I've been happy to carry their message for the last few years. Access. Success. Equity. The trifecta of higher education and the passion of my career.
LA County: "There are 2,122 confirmed cases of COVID-19 currently hospitalized, 26% of these people are confirmed cases in the ICU and 18% are confirmed cases on ventilators. Data continues to show younger people between the ages of 18 and 40 years old are being hospitalized at a higher rate than seen at any point in this pandemic."
School daze: Obviously, the news of the day was Governor Newsom's announcement of school reopening guidelines and undoubtedly yesterday's NewsomAtNoon press conference was one of the most watched among parents around the state. It radically shifts plans for many districts laid out over the last couple of weeks, although the state's largest districts were mostly already on the same track.
It technically is a guidance for county health officers to implement as public health orders. However, Governor Newsom has reiterated several times that the 2020-21 State Budget has $2.5 billion in it for local governments that will be withheld if local governments do not follow state guidance.
The guidance applies to both public and private elementary and secondary schools. During yesterday's presser, Newsom said that guidance for higher education will be released soon and is being finalized.
Some of the more problematic issues being sorted out for higher ed is how certain classes that require in-person practicums, such as in health occupations at all three segments, can be provided. During the PPIC event yesterday, CSU Chancellor White stated that CSU currently has approved 6.4% of its classes to be allowed in-person, particularly in programs such as nursing. There is the other sticky issue of college athletics as plans have not been finalized for the fall.
The California Interscholastic Federation coordinating high school sports is expected to announce Monday morning that fall sports will be moved to January along with a shifting of winter/spring sports.
The guidance announced yesterday by Governor Newsom follow the same division of counties on the state's watch list and those that are not, tying school requirements to the county metrics of case rate/positivity rate, increase in hospitalizations, and limited hospital capacity.
There are currently 32 counties on the state's watch list:
A county lands on the list when an indicator is above the established monitoring threshold for three consecutive days. A county can be similarly removed if all indicators fall below the monitoring threshold.
I'm not going to try to write out the entire guidance in this space as I would inevitably miss something, but you can read the full 19-page guidance here. The governor has several summary slides in his presentation at yesterday's presser, but again, there are lots of details in the full guidance.
The governor reiterated several times that $5.8 billion has been distributed to school districts for procurement of equipment and supplies for students and staff and that two months of personal protective equipment has been distributed and more, including age-appropriately sized masks, is on the way.
Additional federal funding may be coming for schools in the current bill being crafted in Washington that also includes extension of the supplemental unemployment benefit and small business assistance.
Here are some of the articles topline and from around the state on Governor Newsom's announcement:
CAP-AND-TRADE: Yesterday, Eastern District of California Senior Judge William B. Schubb sided with California in its dispute with the Trump Administration over the state's cap-and-trade program, specifically its alignment with Quebec's similar program. The state's cap-and-trade program was created as part of AB 32 (2006), which was carried by former Assembly Speaker Fabian Núñez and was a priority of former governor Arnold Schwarzenegger.
The Trump Administration asserted that the state's agreement with Quebec offended the U.S. Constitution's Article I, Section 10 Treaty and Compact Clause, which in part prohibits states from entering any "treaty, alliance, or confederation" nor "enter into any agreement or compact ... with a foreign power." The federal government also alleged that the California-Quebec agreement violated the Foreign Affairs Doctrine that has emerged over time by reading through the lines of Article I and Article II powers reserved for the federal government and limitations on the states.
Procedurally, the federal government filed for summary judgment (after losing a injunctive motions in the spring) and California filed a cross-motion for summary judgment
In his ruling, Schubb wrote:
In response to the ruling Governor Gavin Newsom tweeted:
Kind of a cool case for ConLaw geeks. It is unclear whether the Trump Administration will appeal to the Ninth Circuit, which probably wouldn't get to the case before the November election and likely would uphold. Obviously, there's no way it would make it to the Supreme Court before November.
THE OTHER AB 32 -- PRIVATE PRISONS: In a virtual hearing on Thursday, federal Southern District of California Judge Janis Sammartino consolidated the lawsuit filed by Florida-based private prisoner contractor GEO Group with a similar one filed by the federal government and signaled that she was unlikely to rule in the plaintiffs' favor. The suits were filed in response to AB 32 (Bonta), which law bars the renewal of state detention facility contracts with for-profit operators, including private immigration detention facilities operated by GEO Group and Tennessee-based CoreCivic, and requires all such contracts to end by January 1, 2028. It further prohibits, with exceptions, the operation of a private detention facility within the state.
Bianca Bruno reports for Courthouse News Service:
At the outset of the court hearing, Sammartino read her tentative order indicating she was unlikely to find AB 32 unfairly discriminates against the federal government or its contractors, though she did note the law was likely preempted regarding privately run facilities for the U.S. Marshals Service.
DIALYSISPALOOZA 2020: The two large private dialysis clinic providers are in with a downpayment for this year's fight against SEIU-UHW's latest ballot measure, Proposition 23, which would increase state regulation over clinics (although doesn't cap profits like the failed 2018 measure). In a report filed yesterday, DaVita is in with $19,585,682.73 and Fresenius antes $8,579,474.73. I'm trying to make sense of how they apportion the amounts each kicks in. That's 69.54% for DaVita and 30.46% for Fresenius.
How do they both end with 73 cents? Is that some sort of dialysis good luck charm?
BALLOT SIGNATURES: For the Chron, John Wildermuth writes about the challenge of signature matching the approaching an all-mail election:
Several years ago, I was taking out cash at the bank for a Vegas trip (those were the days when I had money), and the teller challenged my signature. I told her that I opened the account 25 years ago. Hell, even the bank's name had changed a few times...
Each election, I check online to see if my ballot has been counted after my primary 2016 ballot was not.
cakeday and classifieds after the jump...
CAKEDAY: Happy birthday to Dolores Duran-Flores, Catherine Hazelton, Eric Jaye, and Anu Natarajan!
FAREWELL: Rep. John Lewis (1940-2020) and Rev. C.T. Vivian (1924-2020).