AASBO Spring ConferenceApril 22, 2011

Arizona Christian School Tuition Organization v. Winn

Arizona student tuition tax credit program Passed in 1997; ETC credit passed at same time

As-applied challenge vs. facial challengeStanding issue: under Flast v. Cohen taxpayers have

right to challenge government action/programs that violate the Establishment Clause of the First Amendment

USSC held 5-4 that since the program didn’t involve the expenditure of public monies, taxpayers don’t have standing to sue; never reached the merits of the case Dissent: Court’s opinion gives a roadmap of how to

violate Establishment Clause and to accomplish indirectly what could not be done directly

Cave Creek Unified School District, et. al v. DuceyProp. 301 inflation mandate – FY2011 didn’t

provide mandated increase“Or” vs. “and”

Superior Court: voters merely suggested the Legislature make appropriations – cannot require appropriations be made (calls into question all propositions that use general fund as revenue source and require annual appropriations from Legislature)

Reeves v. Barlow

Arizona Court of Appeals: School districts do not have authority to pay CSF funds to individuals that are not certified as teachers

School districts do have discretion to include individuals that do possess teaching certificate

Overrules/contradicts AGO I01-014

General and Uniform ClauseAZ Constitution (Art. 11, Sec. 1): “The legislature

shall enact such laws as shall provide for the establishment and maintenance of a general and uniform public school system…”

Roosevelt v. Bishop (1994): …Units in "general and uniform" state systems need not be exactly the same, identical, or equal. Funding mechanisms that provide sufficient funds to educate children on substantially equal terms tend to satisfy the general and uniform requirement. School financing systems which themselves create gross disparities are not general and uniform.”

Craven v. Arizona, Hobday v. ArizonaIs it a violation of General & Uniform clause

for charters to receive different funding than traditional school districts; is it a violation of G & U for some districts to have overrides and some notTransportation, overrides, bonds v.

additional assistanceWhat about other non-financial regulation?

Gilbert v. ArizonaIs it a violation of G & U for some districts to receive

Career Ladder monies and some not?1985: 5-year pilot program began; started with 7 and

added 7 at a time to 28 districts; funding mix between local and state; since 1994 no other districts have been able to join program and state funding has been cut

allows districts in program to spend 5.5% above their revenue control limit (and tax local taxpayers for it) to fund the program – FY2012 – state continuing phase-out

Districts that are part of program represent 40% of teachers in state

2006, resulted in $74 million in funding for those districts for teacher pay

Superior Court: If state causes ANY disparity in funding, it’s a violation of G &U

Congress v. WarrenMay a school district enjoin citizens that make

“vexatious” public records request, presumptively denying those requests unless they are approved by a court

Jean Warren & Friends: 2002-03: 5 PR requests 2007-08: 1 PR request 2008-09: 45 PR requests 2009-10: 12 PR requests

Arizona Court of Appeals – found for the defendant on the facts, didn’t reach the underlying legal issues

District never contested legitimacy of requests made – specificity, etc. – only that responding to the requests were time consuming

Greene v. CamretaUSSC: Did a school district violate a student’s

Fourth Amendment right to be free of seizure by not calling parent to inform about CPS inquiry or getting a warrant (court order)Alleged sexual abuse of fatherLooks like case will be set aside over whether a

live case or controversy exists – student is not suing investigators for money damages violation of civil rights only school district

Justices seem to think 9th Circuit got it wrong when concluding that such child-abuse interviews would always require a warrant or parental permission

Home Language Survey – AZELLAUsed to be three question survey used to

identify if student needed English Language Learner services

2009: ADE changed survey to one question:What is the primary language of the student?

If answer was English, student was mainstreamedADE/OCR reached agreement:

What language is spoken in student’s home? What language did student learn first? What is the language spoke most often by student?

Answer must be English to all three or school must test student to ascertain English skills

Plyler v. Doe revisited?SB1407 – held in Legislature

What does Plyler say?

Chilling effects covered?

cthomas@azsba.org