Victory! Arizona Public Schools To Be Funded Across Entire State

Danny Adelman, Executive Director - Arizona Center for Law in the Public Interest

Failing infrastructure in Arizona schools included roofs collapsing, mold, and unsafe drinking water,

An eight-year Battle

After eight years of hard-fought litigation, we at the Arizona Center for Law in the Public Interest are celebrating a major victory for Arizona's public schools. In August, Judge Dewain Fox ruled that Arizona’s funding for the capital needs of Arizona’s public schools is unconstitutional and must be reformed.

This is extraordinary for two reasons.

One: The evidence of massive, critical failures of infrastructure in districts all across the state was overwhelming (and tragic). Failing air conditioning units. Roofs literally collapsing. Obvious mold on walls and ceilings. Old buildings built with no security to keep kids safe. Unsafe drinking water. And horrifyingly, so, so much more.  And the state agency charged with fixing these problems is constantly out of money.  So, except for wealthier districts that can raise local money, schools throughout Arizona are being left behind. 

Two: The Center fought this same battle more than 30 years ago and won. In the 1990s, the Arizona Supreme Court struck down the then-existing funding system as unconstitutional and established specific tests that any funding system must meet.

As ordered, the state established those tests and created a system to fund the needs. And then, over the ensuing years, went about ignoring and defunding the system once again.

Glendale Elementary School District et al. v. Arizona

So, we went to work again.

This case, Glendale Elementary School District et al. v. Arizona, was filed in 2017 by four Arizona public school districts, the Arizona School Boards Association, the Arizona Education Association, the Arizona School Administrators, and a taxpayer. We sued the State of Arizona for failing to uphold the legislature’s constitutional obligation to provide a “general and uniform” system of public education.

In a thorough, 114-page order, the court stated, “After carefully and thoroughly reviewing the record . . . the Court concludes that the current public-school capital finance system does not meet the constitutional minimum standards established by the Arizona Supreme Court.”

In a statement celebrating the ruling, the Plaintiffs said:

Today’s decision declaring Arizona’s public school financing system unconstitutional is a historic victory for Arizona’s public-school students, as well as their teachers and staff. It will change the future for millions of students and their families. Our state’s constitution requires the legislature to fund our public schools. It’s time for our legislature to fulfill its constitutional obligation to fund public schools in every corner of Arizona so that all students, whether or not they live in a wealthy area, can receive a quality public education.

We are, of course, beyond thrilled that we won. And we will see how the state legislature reacts. (Spoiler alert: They aren’t happy and are promising appeals.)

But for now, we take great comfort in knocking down a block in the wall between the “have’s” – wealthier districts that can pass bonds and overrides – and the “have nots” – districts with inadequate property wealth or electorates that will not support funding for schools.

Why take on huge fights like this one, someone might ask?

Because it’s worth it.

Over the years, our efforts fighting against an unconstitutional system has resulted in billions of dollars going to our schools. Imagine how much worse off we would be without that.

But, of course, in the end, the willingness to fight comes down to a core belief of the Center:

Our children - and the teachers and the staff that support them - deserve safe school environments that are conducive to learning and thriving – no matter where they live.

Production Credits

Writer: Danny Adelman

Editor: Beverly Damore

Web Producer: John Henry Frankel

Web Editor: Teddy Basham-Witherington