Opinion: How to settle the education funding lawsuit

| February 10, 2015

February 02, 2015 • Robert Robb, The Republic | azcentral.com

It’s a good thing that there are settlement discussions in the lawsuit about inflation funding for K-12 education. Not sure it’s a good thing that those discussions are being mediated by a panel of Appeals Court judges.

If there is a settlement, it will be mostly political rather than legal. There will be a number, payable over a period of time, the governor and legislature are willing to fund and the schools are willing to accept.

There will need to be a legal rationale for the number concocted, so a settlement will act as a bar to anyone else making the same claim. But the art of the politically possible will drive the terms, not the strength of the respective legal arguments.

Moreover, what the schools need is a political commitment more than a legal decision. Saying that the state has to increase funding for inflation is not the same thing as saying that it has to increase K-12 funding overall. What the legislature gives in one hand it can take back in the other.

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Category: Education

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