Above: From The Arizona Center for Economic Progress, More Than Two Decades of Underfunding Arizona Public School Facilities Hurts Low-Income and Rural Communities the Most.
The Arizona Republic reports:
Just days before a school funding trial five years in the making is set to begin, Arizona’s new Democratic attorney general, Kris Mayes, has asked for a delay so her office has time to determine “whether some or all of this litigation can be resolved without the need for a trial.”
That’s a significant shift from the position Mayes’ predecessor, Republican Mark Brnovich, took against the school districts, public education groups and individuals that sued the state in 2017, arguing that billions of dollars in state budget cuts have for more than a decade shorted schools of capital funding for school maintenance, buses, textbooks and technology.
A motion filed by Mayes on Jan. 4 asks for Monday’s planned trial start date to be canceled postponed and for Mayes —alongside Gov. Katie Hobbs, also a newly elected Democrat — to be given at least 45 days to assess the case.
Already, according to the filing in Maricopa County Superior Court, some of the state’s positions related to the case have changed. The state will no longer argue that the capital funding system is beyond the purview of the courts, or that the districts bringing the case need to prove that specific students didn’t receive an adequate education due to their school’s capital facilities.
The state now also agrees that Arizona is obligated to inspect school facilities regularly. “The Hobbs administration will be considering modifications to the inspection process,” the filing said.
The plaintiffs, including Glendale Elementary School District, the Arizona Education Association and the Arizona School Boards Association, have argued that the state, not school districts, is responsible for making sure students are not learning in an environment of leaky roofs and tattered carpets. They also have argued that the state does not fund Arizona schools adequately to keep buildings maintained and curricula up to date.
The plaintiffs agree with the attorney general that the current trial date should be canceled postponed, said Danny Adelman, executive director of the Arizona Center for Law in the Public Interest, which is helping litigate the case against the state.
Following the November election, the plaintiffs asked for the trial to be delayed given impending administration changes, but their request was denied. The case is being handled by Judge Dewain Fox.
In addition to asking for the trial to be put on hold, the Attorney General’s Office is resuming representation of the state in the case, according to Wednesday’s filing. Under Brnovich, the case was outsourced to the law firm Snell & Wilmer.
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UPDATE: “Judge agrees to
cancel(postpone) Arizona school funding trial following attorney general’s request”, https://www.azcentral.com/story/news/local/arizona-education/2023/01/07/judge-agrees-to-cancel-arizona-school-funding-trial/69786552007/Arizona’s school funding trial, set to begin Monday, was
canceled(postponed) so the parties can meet in March to determine what they can agree on out of court.The decision comes shortly after Arizona’s new Democratic attorney general, Kris Mayes, asked for a delay so her office has time to determine “whether some or all of this litigation can be resolved without the need for a trial.”
Maricopa County Superior Court Judge Dewain Fox approved Mayes’ request Friday. A status hearing is set for March 17.
[T]he Attorney General’s Office said Friday that it hopes to avoid a trial altogether.
“This case has cost the state of Arizona millions. Hopefully, we can come to an agreement with the plaintiffs, avoid a trial, and save taxpayers money in the process,” said spokesperson Kim Martin.