In a case that has waited seven years to be decided, Maricopa County Superior Court Judge Dewain Fox found that Republicans at the Arizona State Legislator have consistently violated, for years, the terms of the StudentsFIRST program, that provided for the constitutional funding for public school “capital needs — including buildings, buses, technology and books” that resulted from the Roosevelt vs Bishop Arizona Supreme Court 1994 ruling.
In reporting from KJZZ, Judge Fox wrote in his opinion:
“After carefully and thoroughly reviewing the record and considering the parties’ arguments, 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 his 114 page opinion, the judge also listed examples of where Republican legislators have, for years, failed Arizona’s children, families, and educators.
Current Republican House and Senate Leaders Steven Montenegro and Warren Peterson, who want to memorialize their waste, fraud, abusive, and financially bloating welfare for the rich Empowerment Scholarship Program-Private School Voucher program in the State Constitution, have of course, given to their aversion to helping non rich people, said they will appeal the Fox decision.
Reaction from Arizona’s pro public school Democrats were very positive.
Liliana Soto, press secretary to Governor Katie Hobbs released this comment to Blog for Arizona:
“Governor Hobbs has secured over $1 billion dollars over the past three years to update and build school facilities that make students and educators safer and provide a quality learning environment where every member of the school can thrive. The Governor takes seriously the state’s constitutional obligations regarding capital funding, and has repeatedly offered to work with the legislature to build a public education system that gives every Arizona student an opportunity to succeed. The Governor’s Office is reviewing the judge’s ruling and considering paths forward to address long standing issues in facility funding.”
In a Democratic State House statement, Assistant Democratic Leader and Educator Nancy Gutierrez said the ruling was “an incredible win for public schools.”
She also noted:
“But this decision should light a fire under the legislative majority to properly fund maintenance, repairs, and replacement of school buildings regardless of what school district they’re in. The current capital funding system is based on property values and bonds and overrides, meaning that the safety of school buildings varies significantly depending on the wealth and generosity of the district. The court determined this system to be so unfair that it’s unconstitutional. That says everything.”
Later on social media, Representative Gutierrez posted:
“This is a huge win for our public schools. They’ve been purposefully underfunded over decades. Now the courts have sided with them!”
Fellow Democratic Representative and Deer Valley school board member Stephanie Simacek relayed in the same statement:
“As lawmakers we must work together to find a way to pay for school buildings and make up for years of heavy reliance on bonds and overrides. If this ruling stands – and it should — it will be enormously beneficial for public schools because it forces the State to take responsibility for the condition of the schools that it runs. Three years ago our district failed a bond for the first time in 30 years, and it has been a struggle. We’ve had to make significant budget cuts; we will likely lose full-day kindergarten, and parents now have to pay fees for athletics and extracurricular activities. Adding certainty and fairness on the facilities and maintenance end will help all of us.”
Marisol Garcia, the leader of the Arizona Education Association wrote in a released statement:
“Today’s ruling is an important step in our union’s fight to get Arizona lawmakers to invest even the bare minimum in public schools. In the eight years since this case was filed, school safety issues have piled up as a result of years of short-sighted underinvestment in public education generally and in our school buildings and facilities specifically. Our members – librarians, custodians, cafeteria workers, classroom teachers, and more – stand alongside district leaders and other community advocates in this case because we care deeply about the conditions where we work and our students learn. We hope this ruling will be a wake-up call for lawmakers to do their jobs and fully fund the great public schools that Arizona deserves.”
Tyler Kowch, the Communications Manager for Save Our Schools Arizona commented to Blog for Arizona:
“Yesterday’s decision was a victory for Arizona’s public schools and the 1.1 million students who attend them. Our state constitution guarantees adequate funding for our public schools — our elected leaders must do their job and provide the funding our schools deserve.”
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