For immediate release:                           For additional information contact:
June 15, 2006                                        Bill Bjork, President 274-0536
                                                            Virginia McKinney, Communications Dir.
                                                            274-0536; 263-8529 (direct); 229-1803 (cell)

School funding lawsuit clears last procedural hurdle

Judge denies state's motion to limit scope of upcoming trial

In another important victory for proponents of adequate funding, a Superior Court judge has dismissed the state's last procedural challenge to the Moore vs. State of Alaska lawsuit.

The state had argued that the Education Clause of the Alaska Constitution does not create any rights other than the right to attend the schools that have been established and maintained by the legislature.  The state asked the court to uphold the constitutionality of legislative actions to fund and implement the Education Clause unless those actions "are so irrational or arbitrary...as to shock the universal sense of justice."  Superior Court Judge Sharon Gleason denied the state's motion.

“The court found that it is the court's duty and not the legislature's, to determine ‘a constitutional floor with respect to educational adequacy, and to determine if that constitutional floor is currently being met,'” said Collin Middleton, attorney for the coalition of educators, school districts and concerned parents who brought the lawsuit. 

“The court also found that we plaintiffs have the burden of proving our case by a preponderance of evidence, not the virtually impossible standard that the state requested.” 

Middleton said, “This is the third opinion denying a total of five attempts by the state to derail this litigation.  We have now cleared the last procedural hurdle before we go to trial this fall.”

In August 2004 NEA-Alaska and its coalition partners charged that the state's funding of kindergarten through high school (K-12) education violates the Alaska Constitution because the state does not invest enough money in its schools to provide an adequate education for all students.   

In recent years school funding lawsuits have been filed in 45 of the 50 states, and overwhelmingly they're being won.  Alaska's landmark lawsuit is scheduled for trial beginning on October 2, 2006. 

###

► Media Advisory: Oral arguments on standard of review (Mar 14, 2006)
► 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