School Funding Cases in 25 States: Rulings in Nebraska and Wyoming, Trials Approaching in Iowa and Texas, Other News

With three major court rulings earlier this year, the summer expected to see the South Carolina trial end and another trial begin, and many other school funding cases moving forward, plaintiffs are increasing the pressure on state legislatures to provide adequate funding and the educational opportunities their state constitutions require.

Arkansas Oral Argument

On May 20, 2004, the Arkansas Supreme Court heard oral arguments on whether the Legislature’s actions earlier this year have complied with the court’s November 2002 order, which had declared the education finance system inadequate, inequitable and unconstitutional. Attorneys representing the governor and a number of school districts urged the court to stay involved, while the attorney for the legislature said the court should exit the case. This April 2nd, the court received a lengthy report on the State’s enacted reforms from two special masters it had appointed. A special legislative session on education is scheduled to resume June 9th.

Nebraska and Wyoming Rulings

On May 17, the Nebraska trial court in the Douglas County v. Johanns school funding case denied state defendants’ Motion to Dismiss on five of seven claims. While upholding plaintiffs’ two equal protection claims, two “special legislation” claims, and single due process claim, the court joined a small minority courts in other states that have found certain school funding claims non-justiciable. The court granted the state’s Motion to Dismiss regarding plaintiffs’ two claims that the school funding system violates Nebraska’s constitutional provision requiring the legislature to provide free instruction in the common schools.

Nebraska procedural law does not allow an appeal on the denial of the state’s motion on the five remaining claims, and plaintiffs have not yet announced whether they will seek an appeal on the two dismissed claims. Another pending matter may also affect the proceedings, as rural Nebraska plaintiffs are expected to file their own school funding suit or intervene in the Douglas County case later this year.

In Wyoming’s Campbell v. State education finance case, on May 10, the Wyoming Supreme Court denied the state’s Petition for Resolution of Constitutional Interpretation Questions, which plaintiffs had opposed. The Petition focused only on capital construction funding. By contrast, plaintiffs have indicated that they plan to return to court with much broader challenges to the state’s compliance with the court’s orders in Campbell.

Massachusetts and Montana Updates

Following April rulings by lower courts in favor of plaintiffs in both states, the Massachusetts Supreme Judicial Court has established a briefing schedule and will hear oral arguments in October, in Hancock v. Driscoll, with a decision anticipated in December 2004, and the State of Montana is considering, but has not yet decided, whether to appeal the Columbia Falls v. State decision. Their deadline for filing a notice of appeal is June 18.

Texas and Iowa Trials

In Texas, the trial in West Orange-Cove Consolidated ISD v. Nelson is scheduled to start on August 9th. A Texas Supreme Court decision last May remanded the case for trial, and the legislature and governor failed to revise the school funding system in the 2004 regular session and a special session that ended May 19.

The Iowa trial in Coalition for a Common Cents Solution v. State is scheduled to begin November 1, 2004. Plaintiffs seek, inter alia, a declaration that education is a fundamental right in Iowa.

Many Other States Proceeding with School Funding Litigations

Many school funding cases are in various stages of liability, remedial or compliance proceedings. For example, in Kentucky’s Young v. Williams case the trial court recently granted plaintiffs’ motion to amend their complaint to add count based on the legislature’s failure to enact a budget in their 2004 session. And, among other developments, settlement talks are ongoing in California’s Williams v. State case and Alaska’s Kasayulie v. State case, discovery in preparation for trial is progressing in Missouri’s Committee for Educational Equality v. State case, and appeals are in process in Arizona and Idaho.

Also, the list of cases may grow longer later this year, as potential plaintiffs in Georgia, Michigan, and Oklahoma are preparing potential suits.

Prepared by Molly A. Hunter, May 27, 2004