Two Alaska school districts are suing the state over what they say is inadequate funding for public education.
The lawsuit was filed Tuesday on the first day of the legislative session by the Fairbanks North Star Borough School District and the Kuspuk School District. It seeks to compel the state to conduct a study on the adequacy of school funding and develop an annual inflation adjustment for the funding.
A Department of Law spokesperson responded to a request for comment on the suit in a written statement, saying "the responsible path is legislation, not litigation, that "the Alaska Constitution does not set a dollar amount for education funding" and, to the contrary, gives the power to make education funding decisions to the Legislature and governor.
The suit comes after lawmakers passed a long-sought increase to the state's per-student funding formula, an increase that required the Legislature to override a veto from Governor Mike Dunleavy.
But it still wasn't enough, according to the Coalition for Education Equity, an advocacy group helping fund the lawsuit.
Executive Director Caroline Storm says the state has failed in its constitutional obligation to provide Alaska children with an education.
This interview has been lightly edited for length and clarity.
Caroline Storm: It's just very difficult for districts to to feel like they're meeting the needs of kids, and the state is really failing young Alaskans. If the advocacy that we've done for a decade has not moved the needle, then we were left with pulling the other lever, so to speak, to put additional pressure on the Legislature in the state to recognize the need for additional funding.
Casey Grove: The state, in response to this lawsuit, has essentially said "legislation, not litigation." So why not, I guess, continue to just advocate for increases in education funding through legislation?
CS: I just don't feel like they're listening. The amount of momentum and pressure on the Legislature last year, and we only got 39% of what was needed to meet the obligation for costs for two years ago. I don't know what else we can do. And if they're not going to listen to advocates, if they're not going to listen to the experts, then we need to use another mechanism.
CG: And then, I feel like people, when they hear about lawsuits, they think of one party suing another and trying to get some kind of money out of that, some damages, and that's not the case with this lawsuit, is my understanding. What are you hoping to accomplish?
CS: Well, it's a constitutional case. The Education Clause (of the Alaska Constitution) promises that Alaska school-aged children have the right to a sound, basic education and a meaningful opportunity to learn.
We are asking for a few things. We're asking for an evidence-based adequacy study to be done. These have been done in other states, and it is just so we all have an idea of what an adequately resourced education system looks like, when we're talking about every school in Alaska. Because, right now, it appears that the state funds education based on what they can afford, not what it actually costs. And then, ideally, a ruling from a judge that would indicate that they're recognizing that the state has failed to adequately fund a sound, basic education.
CG: You're in Juneau. The lawsuit was just filed. What have you been hearing from legislators about about the lawsuit?
CS: Extremely mixed. Some people, some legislators, feel like it is going to give them the backing they need to push for new revenue, or the backing they need to really address the cost of providing public education in the state. And obviously there are some legislators who think that somehow districts are awash in money, and they don't need any more money, and so the lawsuit is frivolous, or they will use it as an excuse to really not address anything and try and put a hold on any progress, because now the state is being litigated.
