CSBA in suit to ensure Prop. 98 funds will be restored to schools  

CSBA’s Education Legal Alliance and the Association of California School Administrators last month joined as plaintiffs in a lawsuit seeking to ensure that nearly $12 billion owed to public schools under Proposition 98’s minimum funding guarantee is eventually restored.

“We have to stand up for what’s right and make the state repay schools the money they are rightfully owed,” said CSBA Executive Director Scott P. Plotkin. The suit was filed in San Francisco Superior Court last month by the California Federation of Teachers and Service Employees International Union Local 99.

At issue is the question of when a “maintenance factor” is created. The constitution requires the creation of a maintenance factor whenever Proposition 98 funding is reduced under “Test 3”—as is the case in cash-strapped years such as California is now experiencing. Gov. Arnold Schwarzenegger contends that the reduced funding levels provided for in the current year and into 2009–10 will not have to be restored, but advocates for public education strongly disagree.

“They’re giving the constitution an erroneous interpretation of when a maintenance factor is created,” said CSBA Assistant Executive Director for Governmental Relations Rick Pratt, a widely recognized expert on Proposition 98.

Schools continue to be shortchanged

The litigation comes as public school advocates fight further drastic reductions in education funding in the current and upcoming school years. Multibillion-dollar cuts have already been inflicted upon schools, and the governor has proposed to slash billions more in his May Revision to the state budget—the fourth round of education cuts proposed in less than 12 months.

“The severe cuts we’ve already endured and general lack of investment in education funding are endangering a whole generation of children. It’s a shame we have to force the state to follow the law when the future of our students is at stake,” Plotkin said.

“As advocates for students, school leaders are doing everything possible to minimize the harm that billions of dollars in budget cuts have forced on our schools,” said Bob Wells, executive director of the Association of California School Administrators. “ACSA has joined in this lawsuit because it will help ensure that Proposition 98’s minimum funding guarantee is protected and schools are repaid money owed.”

Past experience with suspensions

It also took legal action to force the state to comply with the law the last time Proposition 98 was suspended, in the 2004–05 fiscal year. As revenues improved, the California Teachers Association filed a lawsuit, which CSBA also joined in, seeking restoration of the funds. That led to legislation repaying $2.9 billion to schools under the Quality Education Investment Act.

“This is part of a continuation of our efforts to maximize funding for California’s school districts and children,” said Richard L. Hamilton, director of CSBA’s Education Legal Alliance. “The people enacted Proposition 98 to stabilize education funding and prevent permanent reductions. What we’re seeking to require is compliance with what the people had voted for in Proposition 98. All we’re doing here is enforcing the will of the voters.”