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Recent Litigation Events

2008

May 5, 2008

  • Montana District Court denies defendant motion to dismiss motion for supplemental relief

May 2, 2008

  • Indiana Court of Appeals rules quality education is justiciable

April 3, 2008

  • Iowa plaintiffs file petition for the state to adopt educational standards

March 18, 2008

  • Florida ACLU files lawsuit for low graduation rates

March 13, 2008

  • Alabama plaintiffs allege state Constitution allows under funding of K-12 rural and majority black schools

March 12, 2008

  • Corzine administration urges state Supreme Court to end Abbott lawsuit

February 22, 2008

  • Ninth Circuit affirms district court judgment in favor of AZ plaintiffs in ELL funding case

February 5, 2008

  • Montana advocates return to court with new school funding lawsuit

January 24, 2008

  • Colorado Court of Appeals affirms District Court’s judgment in favor of the State

Janaury 8, 2008

  • Connecticut plaintiffs appeal Superior Court's dismissal of CCJEF v. Rell
January 8, 2008
  • Wyoming Supreme Court rules school funding system constitutional, ending years of court oversight

January 7, 2008

  • 6th Circuit Court of Appeals rules against NCLB's "unfunded mandates"

2007

November 2, 2007

  • Washington Judge rules that state’s salary funding method is unconstitutional

September 14, 2007

  • South Carolina Plaintiffs appeal trial court ruling
  • New Hamphsire asks state supreme court to end Londonerry
  • Alaska motions for hearing and reconsideration in Moore

September 2007

  • Connecticut Superior Court dismisses plaintiff adequacy claims, but permits equity claims to proceed to trial

October 11, 2007

  • Arizona judge gives legislature until March 4, 2008 to bring ELL funding into compliance
August 29, 2007
  • Missouri Circuit Court Judge issues preliminary order stating that only 25% of state revenues must be used to fund public schools

August 24, 2007

  • Washington court denies plaintiffs’ motion for summary judgment in Mcleary

August 2007

  • California plaintiffs file lawsuit against state for allowing teachers in training to be considered highly qualified

July 30, 2007

  • South Carolina Judge denies plaintiff and defendant motions to reconsider 2005 ruling

July 3, 2007

  • Constitution Satisfied in Arkansas
  • Mixed Ruling in Alaska
  • Suit Dropped in Kentucky
  • New Hampshire Meets Court Deadline

June 21, 2007

  • Alaska trial court rules state violates Education Clause

May 17, 2007

  • Nebraska Supreme Court rules that educational adequacy is non-justiciable
  • Oklahoma Supreme Court rules that educational adequacy is non-justiciable
  • Arizona Supreme Court refuses to hear plaintiffs’ appeal

May 3, 2007

  • North Dakota plaintiffs drop their suit

May 1, 2007

  • Success and Better Funding Draw Voucher Lawsuit in New Jersey

May 2007

  • South Dakota A.G. says school districts lack standing to sue the State

April 27, 2007

  • Supreme Court rules that New Mexico is allowed to deduct federal impact aid to school districts

April 5, 2007

  • Court Finds Arizona Under-Funds ELLs
  • Closing Arguments in Missouri
  • Motion for Reconsideration in Kentucky

February 20, 2007

  • Lawsuit Dismissed in Kentucky
  • Lawsuit Dismissed in Indiana
  • Oral Argument in Nebraska
  • Appeal Progress in Oklahoma
  • Trial Continues in Missouri

January 12, 2007

  • Second School Funding Lawsuit Filed in Washington

January 11, 2007

  • Late Defendant-Intervenors Fail to Stop Missouri Trial

January 11, 2007

  • Washington Plaintiffs file McCleary v. State, arguing that the state fails to fund a basic education for its children

2006

December 12, 2006

  • Summary Judgment in Arizona Will Be Appealed
  • Extension of Jurisdiction in Arkansas
  • Confusion in Idaho

November 28, 2006

  • School Funding Adequacy and Equity Lawsuit Filed in Washington State

November 20, 2006

  • New York Court Orders Historic $1.93 Billion Additional Funding in Final CFE Ruling

November 20, 2006

  • Federal Way School District asks Washington Supreme Court to declasre school funding system unconstitutional

October 13, 2006

  • Adequacy Trial Begins in Alaska
  • Oral Arguments in New York
  • Preliminary Hearing in Georgia

September 14, 2006

  • New Hampshire Supreme Court Requires State to Define an Adequate Education

August 29, 2006

  • Ninth Circuit Decision in Arizona Flores appeal
  • Alaska: Standard of Review
  • California: Williams Compliance
  • Appeal in New York
  • Indiana, Oregon, and Oklahoma file motions to dimiss

July 31, 2006

  • Kansas Supreme Court: Legislature Has Complied With Montoy Orders

June 27, 2006

  • Compliance Proceedings in Kansas
  • Compliance Proceedings in Montana
  • New Jersey Supreme Court Grants State Motion to Freeze Funding
  • Appeal in New York

June 26, 2006

  • South Dakota Schools, Students, and Parents Seek “Adequate and Quality Education” in State Court Action

May 11, 2006

  • New Mexico Plaintiffs Claim State is Backtracking on Capital Funding

April 24, 2006

  • Indiana Plaintiffs File Adequacy Lawsuit

April 13, 2006

  • Arkansas Increases Funding After Court Rules

March 31, 2006

  • $11.2 Billion for New York City Facilities after Court Ruling

March 31, 2006

  • Oregon Plaintiffs File School Funding Lawsuit

March 21, 2006

  • Oregon plaintiffs file Pendleton School District v. State

March 13, 2006

  • New Hampshire Court Declares Funding System Unconstitutional

March 1, 2006

  • North Dakota Parties Agree to Stay Suit
  • Wyoming Compliance Decision
  • Kentucky Motion for Summary Judgment
  • Alaska Court Denies Motion to Dismiss
  • Facilities Compliance Proceedings in New Jersey
  • Legislative Activity in Arkansas, Texas, Montana
  • Missouri Amended Complaint Filed

February 28, 2006

  • Court-Ordered Fines Reach $20 Million in Arizona

January 31, 2006

  • School Funding Suit Filed Against State of Oklahoma

January 5, 2006

  • Georgia Supreme Court Rules Adequacy Case Must Be Heard

2005

December 30, 2005

  • Sanctions against Arizona for Inaction on ELL Funding, Court Suspends High Stakes Tests for Students Denied Opportunity

December 29, 2005

  • South Carolina Court Orders Preschool through Third-Grade Interventions to Counter Poverty, Declares State Education Funding System Unconstitutional

December 21, 2005

  • Idaho Supreme Court Declares State Funding System Unconstitutional and Retains Jurisdiction

December 16, 2005

  • Arkansas Supreme Court Declares Funding System Unconstitutional

November 29, 2005

  • Connecticut Plaintiffs File School Funding Lawsuit

November 22, 2005

  • Texas Supreme Court Declares School Funding System Unconstitutional

October 31, 2005

  • Georgia Court Rules Adequacy Lawsuit Must Be Heard

October 20, 2005

  • Nebraska Court Dismisses “Adequacy” Case, Plaintiffs Will Appeal

October 7, 2005

  • Special Masters Urge State to “Regain the High Ground” in Arkansas

August 23, 2005

  • Education Law Center Files Motion for School Construction Funding

August 22, 2005

  • Alaska School Funding Lawsuit Moves Forward

July 7, 2005

  • Colorado Parents and School Districts File Adequacy Lawsuit

July 7, 2005

  • Kansas Legislature Complies with Supreme Court Ruling, Increasing School Funding by $148.4 Million

July 1, 2005

  • Hearings in Georgia and Texas
  • Rulings in Massachusetts, Maryland, and Pennsylvania
  • Supreme Court Reopens Case in Arkansas

June 16, 2005

  • California School Districts Sue State over NCLB Testing

June 16, 2005

  • Kansas Supreme Court Orders Major Funding Increase

May 13, 2005

  • Kansas Plaintiffs Challenge State Remedy in Supreme Court

April 21, 2005

  • Kansas Supreme Court Schedules Briefing and Oral Argument
  • Plaintiffs Win as Nebraska Supreme Court Denies Intervention
  • Motions and hearings in New York, North Carolina, Arkansas
  • Opinions Pending in South Carolina and Maryland

April 6, 2005

  • Connecticut Will Sue U.S. Over NCLB Cost

March 25, 2005

  • Montana Supreme Court Orders New Funding System Based on “Educationally Relevant Factors”

March 24, 2005

  • Campaign for Fiscal Equity Releases Schools for New York's Future Bill

March 15, 2005

  • Litigation Update: Appeal in Maryland and Proceedings in North Carolina

February 28, 2005

  • California Visit by Michael Rebell to Discuss Litigation and the National Adequacy Movement

February 27, 2005

  • Hancock v. Driscoll Case Concludes in Massachusetts

February 14, 2005

  • New York Court Affirms Special Masters' Recommendations for More Funding

January 28, 2005

  • Federal Court Orders More Funding for ELL Students in Arizona

January 5, 2005

  • Plaintiff Victory in Kansas: State must Increase Funding, System must be Cost-based and Equitable

2004

December 14, 2004

  • South Carolina Attorneys Present Closing Arguments
  • Missouri AG’s Motion for a Stay Countered by Plaintiffs
  • Arizona Motion Seeks Adequacy for ELLs

December 14, 2004

  • Judge Declares Texas School Funding Inadequate and Unconstitutional

November 30, 2004

  • Special Masters Recommend Billions for New York Schools in CFE v. State

November 29, 2004

  • Successful Desegregation Plan Struck Down

November 15, 2004

  • New Jersey Supreme Court Orders Mediation in Ongoing Abbott Proceedings

November 10, 2004

  • Plaintiff Victory in Montana, “In the Public Interest,” Court Issues Order in Time for Legislative Session

October 14, 2004

  • Trial Proceeding in South Carolina
  • Oral Arguments in Massachusetts
  • Oral Arguments Scheduled in Montana
  • Oral Arguments in Kansas

September 30, 2004

  • Adequacy Lawsuit Seeks Better Future for Georgia

September 17, 2004

  • Rapid Ruling in Texas School Funding Lawsuit

August 31, 2004

  • Nebraska Rural Schools File "Adequacy" Suit

August 30, 2004

  • Idaho Supreme Court Thwarts Legislature's Attempt to End School Funding Suit

August 30, 2004

  • Maryland Court Orders Better Funding for City Schools, State Will Appeal

August 26, 2004

  • California Settles Williams School Funding Case
  • News in New York, Kansas, Wyoming, Pennsylvania and Connecticut Cases

August 13, 2004

  • North Carolina Plaintiffs Win Major Victory, Supreme Court Affirms Order Holding State Accountable

June 29, 2004

  • Litigation Updates: Arkansas, Massachusetts, Missouri, Montana, Nebraska and New York

May 27, 2004

  • Rulings in Nebraska and Wyoming
  • Trials Approaching in Iowa and Texas
  • Other News

May 14, 2004

  • No Action in Kansas, Court Says State Must Be Held Accountable

April 28, 2004

  • Plaintiff Victory in Massachusetts: Court Addresses Cost Studies, Preschool and Accountability

April 21, 2004

  • Plaintiff Victory in Montana; Funding System Must Be Based on Educationally Relevant Costs

April 7, 2004

  • Special Masters Report on Compliance in Arkansas, Offer Favorable Views on Early Childhood Education and Consolidation

March 30, 2004

  • Trials, Appeals, and Compliance Questions in South Carolina, New Jersey, Montana, Massachusetts, Kansas, and Arkansas

February 23, 2004

  • Kentucky Court Denies Motion to Dismiss; School Funding Suits Consolidated

January 26, 2004

  • Arkansas Supreme Court To Use Special Master in School Funding Case

2003

December 2, 2003

  • Kansas Trial Court Declares Funding System Unconstitutional; Court Relies on Costing-Out Study and Says "Money Matters"

October 30, 2003

  • "For Sale" Sign on Rural Idaho

September 26, 2003

  • Arizona School Funding Cases Move Forward

August 26, 2003

  • Arizona Intermediate Court Upholds Diversion of State's School Facilities Funds

June 30, 2003

  • New Jersey Supreme Court Orders Mediated Agreement in Abbott

June 27, 2003

  • Major Plaintiff Victory in CFE v. State: Court Affirms that Money Matters, State Must Undertake Need-Based Costing Out

June 26, 2003

  • As Affirmative Action Dominates Higher Education News, K-12 Desegregation Orders Quietly Fall

May 30, 2003

  • Texas School Finance Case Sent Back to Trial Court

May 22, 2003

  • Ohio Supreme Court Turns Away Legal Challenge To School Finance System

April 30, 2003

  • New Jersey's Abbott Parties Ordered into Mediation to Settle Latest Dispute

April 15, 2003

  • Arizona Court Denies State Petition for Appeal in "At-Risk" Case

March 31, 2003

  • North Carolina Supreme Court Agrees to Hear Leandro Appeal

February 5, 2003

  • Kansas Supreme Court Upholds Plaintiffs' School Funding Claims and Remands Case

January 22, 2003

  • Hartford Desegregation Case, Sheff v. O'Neill, Settles

January 9, 2003

  • West Virginia Circuit Court Finds Revised School Funding System Constitutional

2002

December 11, 2002align="left">

  • Ohio Supreme Court Declares School Funding System Unconstitutional in DeRolph V

December 2, 2002

  • Federal Judge in Massachusetts Declines to Hear MCAS Case But Retains Jurisdiction on Some Issues

November 21, 2002

  • Arkansas Supreme Court Declares School Funding System Unconstitutional: State Must Prepare Adequacy Study

November 20, 2002

  • Idaho Judge Appoints Special Master in School Facilities Funding Case

October 17, 2002

  • Arizona Judge Orders State to Return Money Diverted from School Facilities

October 8, 2002

  • Tennessee Supreme Court Reaffirms its Holding: Constitution Requires Equal Educational Opportunities and Cost-Based Funding

June 25, 2002

  • Intermediate Court Holds Eighth-Grade Education Adequate Under State Constitution: Appeal Will Be Taken to State's Highest Court

June 25, 2002

  • Maryland Court Retains Jurisdiction in Adequacy Case

June 11, 2002

  • One-Year "Relaxation" of Remedies in New Jersey

May 31, 2002

  • Alabama Supreme Court Dismisses Funding Case it Previously Affirmed

April 11, 2002

  • New Hampshire Supreme Court Says State Must Hold School Districts Accountable

April 4, 2002

  • Major Victory for Schoolchildren in North Carolina Superior Court Ruling

February 21, 2002

  • New Jersey High Court Reaffirms Ruling to Improve Abbott Preschools