Media Advisory: Oral arguments on standard of review
March 13, 2006
WHO: Attorneys for plaintiffs (educators, school districts, parents*), as well as for the state
WHAT: Court appearance in Moore vs. State of Alaska
Landmark school funding lawsuit filed August 9, 2004
WHEN: Tuesday, March 14, 1:30pm
WHERE: Nesbett Court House, 825 W. 4th Ave., Anchorage
Courtroom 603, Judge Sharon Gleason
WHY: Oral argument on standard of review for lawsuit
MORE INFO: This one-hour appearance will consist of 30-minute oral arguments by each side. These will be procedural arguments centered around the level of proof required in the upcoming trial. The state is asking that the judge apply the “rational basis” standard: Has the state acted rationally and reasonably in establishing & maintaining its public schools? Plaintiffs claim that education is a fundamental right, and therefore the judge should apply the strict scrutiny standard. If the judge agrees with the plaintiffs, the state would have to show compelling reasons for funding schools at the level it does.**
TIMELINE: Judge Gleason is expected to take the matter under advisement and issue a ruling prior to trial.
TRIAL DATE SET: October 2, 2006
*PLAINTIFFS: Kristine & Gregory Moore of Wasilla; Mike & Maggie Williams of Akiak; Melvin & Rosemary Otton of Koyuk; Wayne and Martha Morgan of Aniak; Jerry S. Dixon of Seward; Bering Strait School District; Yupiit School District; Kuspuk School District; Citizens for the Educational Advancement of Alaska's Children (CEAAC); and NEA-Alaska.
**SINCE 8/9/04: Since the lawsuit was filed 19 months ago, the state has tried to get the case thrown out of court and to remove NEA-Alaska and CEAAC as plaintiffs. These efforts have been unsuccessful.
CONTACT: Virginia McKinney, Communications Director 274-0536; 263-8529 (direct); 1-800-996-3225 (toll free); 229-1803 (cell)
► Judge throws out state's motion to dismiss school funding lawsuit: (Sept 6, 2005)
► Educators, school districts, parents file landmark lawsuit against the state:
(Aug 9, 2005)
