(The Center Square) — Arizona lawmakers violated the constitutional requirement to fund public schools, ruled Maricopa County Superior Court Judge Dewain Fox.
In a 114-page decision, Fox stated on Aug. 11 that Arizona schools did not meet the minimum standards in providing adequate equipment for building repairs, even though the Arizona Constitution requires the Legislature to organize and fund a “general and uniform public school system.”
The case, Glendale Elementary School District v. State of Arizona, was filed in 2017 by Glendale Elementary School District, Crane Elementary School District, Chino Valley Unified School District and Elfrida Elementary School District, alongside Arizona School Boards Association, Arizona Education Association and Arizona School Administrators.
They sued the state for failing to uphold the constitutional obligation of providing adequate funding for public schools.
“This decision is a victory not only for the Glendale Elementary School District, but for every student in Arizona,” said GESD Superintendent Cindy Segotta-Jones in a press release. “It affirms what educators, families, and communities have long known, that every child deserves to learn in safe, well-maintained and well-equipped schools. We are grateful to the Court for recognizing the importance of equitable investment in our children’s education.”
“Today’s ruling is an important step in our union’s fight to get Arizona lawmakers to invest even the bare minimum in public schools,” said AEA President Marisol Garcia, who is also a teacher in the Isaac Elementary School District.
Students have been in environments that cannot withstand over 100-degree weather conditions or prevent exposure to mold or asbestos, Arizona state Sen. Eva Diaz, a Democrat on the Senate Education Committee, said in a press release.
“The Courts have officially ruled on a lawsuit that has been brought on by our fearless school districts and education stakeholders to demonstrate how much Republican leadership has grossly failed to ensure our students have a safe environment to learn in,” Diaz said.
The office of Arizona Gov. Katie Hobbs told The Center Square that over the past three years, the Democratic governor has secured over $1 billion to build school facilities and provide quality learning environments.
“The governor takes seriously the state’s constitutional obligations regarding capital funding, and has repeatedly offered to work with the legislature to build a public education system that gives every Arizona student an opportunity to succeed,” said Liliana Soto, Hobbs’ press secretary.
A spokesperson confirmed that Senate President Warren Petersen, R-Arizona, has said the state will appeal the decision.
The state constitution does not require funding for school system expenses, argued the attorneys for the Legislature. They also pushed back on the idea that the court has the power to tell lawmakers what the state is expected to fund.
“Such matters invade the exclusive power of the Legislature, are non-justiciable, and therefore do not create a viable claim mover which the court may assume jurisdiction,” said lawyer William Richards.
The attorney who represented the plaintiffs said otherwise.
“They can say they’re going to appeal, but the evidence is the evidence, and the law is the law, and all they’re doing is digging the hole deeper,” said Danny Adelman, executive director of the Arizona Center for Law in the Public Interest.
The Arizona Department of Education declined to comment, other than agreeing that school facilities need to be healthy and safe environments.
“This decision sends a clear message: Arizona must meet its constitutional responsibility to fund our public schools the way they should be. Every child deserves the same opportunity to learn in a safe, well-resourced environment,” said Ellen White, ASBA executive director, in a statement.
