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Parents, teachers, and school boards are unanimous about the crisis in education funding. Base student quotas must be increased to offset the damage caused by inflation, address disruptions to student achievement due to COVID-19, and fund state-imposed reading law requirements. As school districts' general fund revenues continue to decline for years, Alaska's education system is certain to fail. The Legislature must override the governor's veto of Senate Bill 140. Failure to override the veto will ensure a constitutional crisis.
An important element missing from the current debate about education funding is the constitutional obligation of the state. Article VII, Section 1 of the Alaska Constitution provides, “The Legislature shall by general law establish and maintain a system of public schools open to all children in the state.'' This constitutional mandate obligates Congress to provide sufficient funding to educate Alaska's children, even if the governor refuses.
In the early 2000s, parents, school districts, and education groups filed the Moore lawsuit, challenging the state's failure to meet the educational needs of students in low-performing schools. As now, base student quotas were frozen for many years. Critical educational needs were ignored.
Judge Sharon Gleason was the state court judge assigned to the Moore case and conducted the month-long trial. Gleason is one of the most diligent and conscientious judges to ever serve in Alaska's judiciary. Gleason is independent and impartial. She understands the law correctly. In Moore, Gleason needed to interpret and apply Article 7(1). The Gleason decision gave substance and life to the Education Clause by finding that the Alaska Constitution requires the state to:
“First, there must be reasonable educational standards that set out what children should be expected to learn. The standards must be met or exceeded. Second, there must be appropriate ways to assess whether children are actually learning what the standards set out. Third, the standards must be met or exceeded. There must be sufficient funding to enable schools to provide instruction that is consistent with the state's constitutional mandate to provide an adequate education. There must be appropriate state accountability and oversight of these school districts to ensure that they meet their responsibilities.”
Gleason found that school funding is constitutionally inadequate if existing resources are insufficient to provide children with meaningful educational opportunities. In Gleason's opinion, this requires “meaningful opportunities to become familiar with the state's performance standards and meaningful exposure to the remaining content standards.”
Today's funding crisis is worse than it was during the Moore scandal. Currently, school districts are facing a perfect storm of high inflation, educational setbacks due to the coronavirus, cuts in federal funding, and declining teacher retention rates. States must address the educational setbacks many students suffered during the coronavirus shutdown. Continuing discussions about education funding must consider student needs.
Judge Gleeson's prescient judgment should no longer be ignored in the debate over the current funding crisis. Low skills test scores at all grade levels across the state suggest that funding is insufficient to provide “meaningful educational opportunities” for many students. Adequate financing doesn't just mean damage caused by inflation. The needs of the students are just as important as the conversation.
The only funding proposal under consideration that follows the constitutional mandate to “adequately fund” education is Senate Bill 140. Like the tide that lifts all boats, increases in the base student quota will be distributed fairly and equitably across the education system to treat all students. Share your district and community fairly. The governor’s prioritization of charter schools and teacher bonuses falls woefully short of the rising tide that lifts all boats fairly and equitably.
The governor's desire to establish more charter schools is an educational approach that relies on highly motivated groups, usually parents, to organize schools. Charter schools serve only a limited number of students, who may already benefit from strong family support for their education. Even if a one-time bonus is given to teachers, the effect of stemming the teacher exodus will not last long, as teachers cannot expect a stable retirement under the current poor retirement system.
The governor chose to ignore his constitutional obligation to “adequately fund” education with a veto. A vote by a senator or representative to override a veto is a vote to uphold the constitutional obligation to adequately fund education. Each member took an oath to uphold the Alaska Constitution.
Adhering to our constitutional obligation to adequately fund education should be an easy choice. Alaska's future is at stake. Today's students are the future workforce, citizens, civil servants, military personnel, voters, scientists, doctors, engineers, jurors, and teachers. At the Alaska Constitutional Convention, delegate R. Roland Armstrong served on the education clause drafting committee and explained to the convention delegates the reasons for proposing the clause: Obligation to provide educational matters to all children of the state. ”
howard trickey He is a partner at Schwabe Williamson & Wyatt. He represented the plaintiffs in the Moore case. For more than 48 years, he has represented clients including school districts.
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