School maintenance funding lawsuit filed

A lawsuit over school maintenance and construction funding that’s been teased for the last two years will be filed Monday in Maricopa County Superior Court. 

The Arizona School Boards Assn announced today that the suit will be filed on behalf of a coalition of school districts and education groups, spearheaded by Arizona Center for Law in the Public Interest attorney Tim Hogan. This won’t be a new issue for Hogan. He successfully argued a similar case before the Arizona Supreme Court in 1994, leading to a landmark ruling in Roosevelt Elementary School District No. 66 v. Bishop. 

The justices found that relying solely on taxpayers dollars to cover the cost of school maintenance was unconstitutional, essentially creating disparities between rich and poor communities. The ruling led to the creation of the School Facilities Board and provided more funding to schools for building renewal and soft capital. 

But plaintiffs now contend that the ruling has largely been ignored, even as Ducey has proposed $17 million for school capital needs in this year’s budget. Monday’s suit would include a defined price tag, but Ducey’s proposition is a drop in the bucket compared to what ASBA spokeswoman Heigi Vega estimated to be $4.5 billion in missing funds since 2009. 

The Arizona Education Assn, Arizona School Administrators, Arizona Assn of School Business Officials, Elfrida Elementary School District, Chino Valley Unified School District, Crane Elementary School District, Glendale Elementary School District, Peoria resident Kathy Knecht and Laveen resident Jill Barragan are also plaintiffs in the suit. Hogan initially planned to file the lawsuit in early 2015, but after the filing date was pushed back, the plaintiffs ultimately put the case on hold for the Prop 123 campaign.