PHOENIX — A Maricopa County Judge will soon determine whether the state makes it too difficult for school districts to obtain money for equipment, repairs and construction. That’s the allegation from plaintiffs in a major lawsuit that began seven years ago. The judge’s decision could significantly change the way the state funds schools in the future.
An alliance of school administrators, teachers and school boards sued the state in 2017, accusing leaders of not providing a “general and uniform public school system” as required by the state constitution. The trial finally began earlier this month and is expected to wrap up this week.
"The state needs to provide enough funding so that all districts can do things for their kids that the wealthy districts can do now," said Danny Adelman, attorney for the plaintiffs.
Arizona has grant programs in place for districts to apply for money to make repairs and construct new buildings. But the plaintiffs allege the application process to access those funds is often too slow and cumbersome. They say the system creates a gap between the "haves" and "have nots."
"A huge problem right now is if districts don’t have bonds and overrides, districts are taking money that the legislature says is supposed to go to classroom instruction, and they’re having to use it on other things," Adelman said.
Intervenors in the case, Senate President Warren Petersen and House Speaker Ben Toma, say the grant program is "robust" and complies with the law. Their attorneys argued in court school districts are expected to “conscientiously budget their available funds” to meet their needs. They provided evidence showing the vast majority of written funding requests by districts are fulfilled by the state.
District leaders allege they are often told not to bother applying for certain funds because they aren’t available.
The case is centered on a landmark 1994 judgement that found the state was not sufficiently funding public schools for facilities and repairs. In that decision the court left decisions up to the legislature over how to ensure funding was adequate.
"We are still, 30 years later, arguing whether the legislature has come into compliance with that 1994 ruling," Adelman said.
After the recession in 2009 the state legislature slashed the formula for what’s known as "district additional assistance." Lawmakers began restoring that fund in 2017 but the plaintiffs in the case argue it remains inadequate.
Adelman says rural districts are at a greater disadvantage because they can’t raise enough money from bonds and overrides and their property tax wealth is limited.
"If you’re in a very small rural area, it almost has no tax base. So even with a very large tax increase, it’s not enough for a superintendent to meet the needs of schools."
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