School finance suit: More support and legal moves
Published: September 7, 2010
With growing support from school districts and county offices of education throughout the state, CSBA will return to court next month on Robles-Wong v. California, the historic lawsuit against the state’s system of financing its schools filed by CSBA’s Education Legal Alliance and a broad coalition of students, parents, school districts and educational organizations.
The lawsuit, filed in Alameda County Superior Court May 20, asks that the current school finance system be declared unconstitutional because it is not aligned with the goals the state requires of schools, is not based on the actual costs of meeting those requirements and does not give all students an equal opportunity to learn to the state’s high academic standards. It demands that the state provide a finance system that supports necessary educational programs and services and ensures all children an equal opportunity for success in school.
The state filed a demurrer last month as expected, arguing that the plaintiffs would not be entitled to any judicial relief even if the court accepted their allegations. The Alliance and its allies will respond Oct. 5. A ruling on that issue is expected toward the end of the year.
Meanwhile, support for the lawsuit continues to grow, with 150 resolutions received so far from district and county office governing boards in every one of CSBA’s 21 regions.
“Education is a fundamental right of every child in California,” a sample resolution, available on CSBA’s website, says at the start of its recital of reasons to support the litigation. “California’s constitution requires a public school system that prepares students to become informed citizens and productive members of society.”
“The State has an obligation to maintain and support a school finance system that provides districts and county offices of education the resources necessary to meet these requirements,” the resolution continues, observing that “California’s school finance system is unsound, unstable, insufficient, and thus unconstitutional” before resolving that the adopting body “strongly supports Robles-Wong v. California, the litigation challenging the State’s school finance system.”
Boards that adopt the resolution and fax a copy to CSBA will be added to the running tally on our Legislation & Legal Web page.
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