Breaking News

State Moves to Dismiss Capital Funding Case

In late August the State moved to dismiss the Center’s lawsuit filed on behalf of public school districts across the state challenging the State's failure to adequately fund public schools. The state asserted that the Court has no authority to decide if the state is providing enough money. It claims that funding is a “political question” beyond the powers of the courts.

 

However, as the plaintiffs’ counsel pointed out in their Response to the motion, that argument ignores the fact that the Arizona Supreme Court ruled as far back as 1994 that the capital funding scheme in place at that time violated the requirements of the Arizona Constitution for the state to provide a “general and uniform” school system. The high court reaffirmed that in two subsequent decisions.

 

The state also argued that the challengers have to first be denied the funding by the School Facilities Board before they can ask the court to intercede. However, the School Facilities Board does not have the power or authority to deal with the shortcomings of the school finance system, so that argument is similarly without merit.  

Education

Arizona Court of Appeals Upholds Medicaid Expansion

The Arizona Court of Appeals has affirmed the lower court and held that Arizona's Medicaid expansion was constitutional.  The court rejected the argument advanced by disgruntled legislators who had opposed the expansion that the hospital assessment authorized by the legislature but set and implemented by the AHCCS Director was a tax, and thus required a supermajority in order to pass.  Rather, the court agreed with the State and the Center that it was an assessment that fell within a constitutional exception. As a result, the legislation was constitutional and was properly enacted with a majority vote.  

Health Care

Tim Hogan receives John R. McDonald Award from ASBA

For 20 years, Hogan has worked diligently as the Center's executive director and lead counsel. During this time, the center has won major victories for public education including playing a pertinent role in the settlement of the inflation lawsuit which led to the passage of Prop. 123.

This special award was developed to honor prominent Tucson Attorney John R. McDonald who passed away in 2012. McDonald was once president of the Arizona School Boards Association and left a legacy of dedication to improving education. 

Those honored with this award have reflected the spirit of John R. McDonald. This award is presented to an attorney each year who is considered a leader in public education for outstanding contributions to Arizona.