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Glendale board hears update on statewide school capital-funding lawsuit
Summary
Attorneys for a multi-district lawsuit told the Glendale Elementary School District governing board that the case argues Arizona has not met its constitutional duty to provide adequate capital funding for schools and that a judge's ruling is expected in spring.
At a January meeting of the Glendale Elementary School District Governing Board, attorneys working on a long-running, statewide capital-funding lawsuit told trustees the case asserts the state is not providing enough money to meet school facility needs and that a judicial decision could arrive this spring.
The update came from Danny Edelman, executive director of the Arizona Center for Law in the Public Interest, who has been involved in school capital litigation for decades. “The basic idea of the case is the state is not providing adequate funding to enable all of Arizona school districts to meet their capital needs,” Edelman told the board, listing repairs, air conditioning, buses and other non-salary items as examples of capital needs.
Board members and district staff said the litigation seeks to address disparities created when districts rely on local bonds and overrides. Edelman said the case follows a 30-year-old Arizona Supreme Court decision that struck down a prior funding system and led to the 1998 Students First reforms. He told the board the recent trial involved dozens of witnesses, more than 80 depositions and a month of testimony and that the state and legislature have reduced or not fully restored capital funding over time.
Why it matters: Board members said delays and reduced state capital funding translate into deferred repairs and higher long-term costs for districts such as Glendale. The district's superintendent and outside counsel framed the lawsuit as a constitutional claim that could change how Arizona finances school buildings statewide.
Details from the presentation: Edelman said the case was filed in 2017 on behalf of four districts, including Glendale, with broad participation from groups including the Arizona School Boards Association and the Arizona Education Association. He described the trial as intense, with testimony from national experts and witnesses across Arizona. He said the final plaintiff filing is set for Feb. 17, after which the judge will consider whether the system is unconstitutional; Edelman said he expects a ruling sometime between April and May, though the judge could take longer because of the case's size and the volume of evidence.
Board members responded with concern about the effects of delayed capital work. One trustee said it is ‘‘incensing’’ to hear suggestions that a serious facility problem could be left unfixed for a decade. Edelman and district counsel described examples from other districts in which roof leaks and toxic water problems took years to fix.
No formal action: The presentation was informational; the board did not vote on litigation strategy during the public session. Trustees later directed staff to discuss SFOB strategy in executive session (a separate agenda item), but no public vote on the lawsuit itself occurred.
Outlook: Edelman said the judge could request extra time to consider a massive record of documents; if the ruling favors plaintiffs, the decision could direct legislative changes to funding. If the legislature's arguments are accepted, the status quo would remain.
