Nebraska Schools Trust Files School Funding Adequacy Lawsuit

After years of trying to persuade the Nebraska legislature to rewrite the state's school finance system, the Nebraska Schools Trust and other plaintiffs filed an adequacy lawsuit in state court against the governor and other state officials on June 30, 2003. Plaintiffs in Douglas County School District v. Johanns allege that the state funding system is unconstitutional because it "fails to provide the resources required to afford thousands of public school students . . . the opportunity to obtain the free instruction guaranteed by Nebraska's Constitution and laws, and an equal opportunity to meet the academic standards set by law."

According to plaintiffs' Complaint, Nebraska has adopted sound educational standards and goals but does not adequately fund schools to enable them to provide the programs and services necessary for students to reach those standards and goals. The funding system falls short, plaintiffs assert, because it is not based on the state standards, on student need, or on actual costs. Therefore, many students do not have access to quality teaching, early childhood education, all-day kindergarten, appropriate class sizes, adequate curricula, and other programs that would lead them to academic proficiency. These students - as well as the future of the State of Nebraska - are harmed, plaintiffs conclude, because students are placed "at grave risk of failure to become active and productive citizens in our democracy, to find meaningful employment and to qualify for higher education."

When the lawsuit was announced, superintendents of plaintiff school districts pointed out the dramatic increase in the proportion of low-income and non-English speaking (ELL) students in their classrooms and the higher standards imposed by the state and federal governments. Plaintiffs' attorney Dave Pedersen explained that the state funding system was designed years ago and is not built to fund the more challenging and complex tasks now expected of local school districts.

As reported in the Omaha World-Herald, school officials "say they know what to do to improve student performance, but they don't have the money to do it," and defendant Education Commissioner Christensen reacted to the suit by saying that it "is part of the democratic process. . . . It's a problem-solving activity."

Plaintiffs claim violations of the state constitution's education clause, its equal protection clause, and its substantive due process clause, and they ask the court to: (1) declare that Nebraska students have the right to an education which enables them to become productive citizens, find meaningful employment, and qualify for higher education; (2) declare education a fundamental right in Nebraska; and (3) declare the funding system unconstitutional.

Plaintiffs include the Omaha Public Schools, the non-profit Nebraska Schools Trust (comprised of a number of school districts), individual parents on behalf of their children (who include low-income, ELL, minority, and special education students), school officials charged with providing an adequate education and equal opportunity to the students in their districts, and taxpayers. Defendants include Gov. Mike Johanns, Commissioner of Education Doug Christensen, State Board of Education officers and members, the state Treasurer, and other state officials.

Prepared July 2, 2003