An eight-year Battle
After eight years of hard-fought litigation, we at the Arizona Center for Law in the Public Interest are celebrating a major victory for Arizona’s public schools. In August, Judge Dewain Fox ruled that Arizona’s funding for the capital needs of Arizona’s public schools is unconstitutional and must be reformed.
This is extraordinary for two reasons.
One: The evidence of massive, critical failures of infrastructure in districts all across the state was overwhelming (and tragic). Failing air conditioning units. Roofs literally collapsing. Obvious mold on walls and ceilings. Old buildings built with no security to keep kids safe. Unsafe drinking water. And horrifyingly, so, so much more. And the state agency charged with fixing these problems is constantly out of money. So, except for wealthier districts that can raise local money, schools throughout Arizona are being left behind.
Two: The Center fought this same battle more than 30 years ago and won. In the 1990s, the Arizona Supreme Court struck down the then-existing funding system as unconstitutional and established specific tests that any funding system must meet.
As ordered, the state established those tests and created a system to fund the needs. And then, over the ensuing years, went about ignoring and defunding the system once again.
Glendale Elementary School District et al. v. Arizona
So, we went to work again.
This case, Glendale Elementary School District et al. v. Arizona, was filed in 2017 by four Arizona public school districts, the Arizona School Boards Association, the Arizona Education Association, the Arizona School Administrators, and a taxpayer. We sued the State of Arizona for failing to uphold the legislature’s constitutional obligation to provide a “general and uniform” system of public education.
In a thorough, 114-page order, the court stated, “After carefully and thoroughly reviewing the record . . . the Court concludes that the current public-school capital finance system does not meet the constitutional minimum standards established by the Arizona Supreme Court.”
In a statement celebrating the ruling, the Plaintiffs said:
Today’s decision declaring Arizona’s public school financing system unconstitutional is a historic victory for Arizona’s public-school students, as well as their teachers and staff. It will change the future for millions of students and their families. Our state’s constitution requires the legislature to fund our public schools. It’s time for our legislature to fulfill its constitutional obligation to fund public schools in every corner of Arizona so that all students, whether or not they live in a wealthy area, can receive a quality public education.
Felecia Phillips Ollie DD (h.c.) is the inspiring leader and founder of The Equality Network LLC (TEN). With a background in coaching, travel, and a career in news, Felecia brings a unique perspective to promoting diversity and inclusion. Holding a Bachelor’s Degree in English/Communications, she is passionate about creating a more inclusive future. From graduating from Mississippi Valley State University to leading initiatives like the Washington State Department of Ecology’s Equal Employment Opportunity Program, Felecia is dedicated to making a positive impact. Join her journey on our blog as she shares insights and leads the charge for equity through The Equality Network.
