School Funding Litigation

Other states with lawsuits ongoing
August 2004

 School funding litigation of various types is ongoing in a total of 24 states, including Alaska.  The lawsuits differ in some ways from each other, but all of them focus on some combination of equity and adequacy of state funding, whether for facilities or instructional programs or both.  Three ongoing adequacy lawsuits have made national headlines in recent months: 

Arkansas: In January lawyers for a tiny eastern Arkansas Delta school district asked the state Supreme Court to shut down funding for the state government until Arkansas complies with an order from its highest court to overhaul its school funding mechanism.  (Lake View vs. Huckabee).  With this wake-up call, the legislature met in special session and obligated spending next year of more than $400 million in additional money to schools—an increase of more than 13.5% to meet the needs of Arkansas' children.

Kansas:  In Kansas, meanwhile, a district court judge also issued a wake-up call:  He ordered all Kansas public schools closed, effective June 30^th, after the state legislature failed to enact a new school funding plan.  Within days the Kansas Supreme Court blocked the lower court's order and announced it will hear oral arguments starting August 30 in the long running school funding case.  (Montoy vs. State) 

New York:  And in New York this summer, the ongoing lawsuit (Campaign for Fiscal Equity, Inc. vs. State of New York) is coming to a head.  With the clock ticking on a judicially mandated deadline of July 30^th, legislators outraged parents and the public when they adjourned for the summer without addressing education funding.  The state is under orders to reform its funding system to ensure that every school in New York City has the resources to provide its students with the opportunity for a meaningful high school education.

Attached is a state-by-state summary of school finance litigation, the summary compiled by the National Council of State Legislatures.

(http://www.ncsl.org/programs/educ/LitigationMain.htm)