Judge can’t tell lawmakers how much money to give schools, attorney says

By Howard Fischer | Capitol Media Services via Arizona Capitol Times

An attorney for the state is telling a judge she has no legal right to tell the Legislature it isn’t providing enough money for school construction and repair.

In new court filings, Brett Johnson acknowledged that the Arizona Supreme Court ruled more than two decades ago that the state has an obligation to ensure that schools meet minimum adequacy standards for everything from building safety to equipment needs. The justices said at the time that it was unconstitutional to put that burden solely on local taxpayers, as it created gross disparities and left children in some schools without adequate education opportunities.

But Johnson told Maricopa County Superior Court Judge Connie Contes that she is powerless to rule on a claim by school districts that the amount of money now being provided by the state is inadequate.

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