Education Funding

Calif. Schools Chief, Teachers’ Union Sue Governor Over Funding

By Linda Jacobson — August 10, 2005 2 min read
  • Save to favorites
  • Print

California state schools Superintendent Jack O’Connell and the California Teachers Association took their battle with Gov. Arnold Schwarzenegger over the state budget to the next level Aug. 8 by filing a lawsuit that charges the governor with failing to provide schools with money they are guaranteed under state law.

Filed in superior court in Sacramento, the lawsuit asks that Mr. Schwarzenegger come up with $3.1 billion. That sum, Mr. O’Connell said in a press release, “would enable us to keep 100 schools open that are slated to be closed, to save class-size reduction in all K-3 programs, and to extend that program to the 4th grade.”

The lawsuit refers to a deal made between the governor and education groups in January 2004, in which he borrowed $2 billion from the state’s Proposition 98 education funding formula to help balance the budget until California’s economy improved. Because the budget for the current fiscal year, 2005-06, which began in July, was calculated based on that lower level of funding as well, the amount the state now owes schools for two years has reached $3.1 billion, according to the suit.

The complaint, according to a statement from CTA Vice President David A. Sanchez, “is meant to force the governor to honor his word, the will of the people, and to ensure California students get no less than the minimum school funding guaranteed under our constitution. The governor hasn’t just broken a promise, he’s broken the law.”

Won’t ‘Stand Up’

But H.D. Palmer, a spokesman for the California finance department, contended that the lawsuit was unlikely to “stand up in court” because the nonpartisan legislative analyst’s office, as well as the legislature, agreed to the 2005-06 budget.

“Two branches of government came to the same conclusion,” Mr. Palmer said.

Had the Proposition 98 formula been followed, he added, schools and community colleges actually would have received about $750 million less than the $50 billion they are slated to receive. According to the governor’s office, Proposition 98 funds have increased by $3 billion over the 2004-05. An initiative passed by voters in 1998, Prop. 98 establishes a minimum level of funding in the state constitution for schools and community colleges. It sets a base level of funding that is adjusted year to year based on attendance and enrollment growth.

“If the formula would have automatically been able to run its course, there would have been a lower level of funding,” Mr. Palmer said. “[Gov. Schwarzenegger] didn’t want to let that formula shortchange the schools.”

Three public school parents also joined the case on behalf of their children. In the press release from the CTA, Amelia Juarez, a mother of four, said that in her city of Moreno Valley, east of Los Angeles, the school district is growing by more than 1,000 students each year, and that funding is a problem.

“Class sizes are increasing, and we are down to bare bones when it comes to assisting kids,” she said. “I believe the governor should follow the law and return money to the public schools based on the law and his agreement.”

The CTA is an affiliate of the National Education Association. At the NEA convention in Los Angeles last month, Reg Weaver, the president of the 2.7 million-member union, said the national office was sending staff members and resources to help the CTA campaign against other spending proposals of the governor’s, including a new 401(k)-type pension plan for teachers and other state employees that Mr. Schwarzenegger plans to put before the voters in a special election this November.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Education Funding Education Department Will Keep Sending Most K-12 Funds Through Its Own System
The agency will send formula funds through its own system again despite program shifts to other agencies.
5 min read
A sign from the General Services Administration is posted outside of the Department of Education headquarters in Washington, D.C. on Friday, July 17, 2026.
A sign installed by the General Services Administration is posted outside the Department of Education headquarters in Washington on July 17, 2026. Despite shifting its programs to other agencies, the Education Department will send billions of dollars in formula funds for schools through its own grants portal on Oct. 1, rather than a portal run by the Department of Labor.
Eric Lee for Education Week
Education Funding Video What's in Store for School Funding for 2026-27?
A new education tax credit, federal budget negotiations, and more are in store.
The U.S. Capitol building in Washington, D.C. on Friday, July 17, 2026.
The U.S. Capitol building in Washington, D.C. on Friday, July 17, 2026.
Eric Lee for Education Week
Education Funding Trump's Education Department Is Letting Tens of Millions of Dollars Expire
Education Week found the agency didn't spend its full budget last year and appears on track to do so again.
10 min read
A collage-style illustration of images of the U.S. Department of Education building, the U.S. Capitol building, and dollar bills on top of a wooden school desktop with a pencil on it and a school bus underneath. The dollar bills appear to have been punched out with a hole punch in a few areas, and those missing circles are sprinkled on the desk and school bus below.
Illustration by Emily Wright for Education Week + Getty
Education Funding From the Feds on Down, School Funding Is Uncertain. What to Know
Federal turbulence during the Trump administration highlights the precarity of state and local funding, too.
7 min read
An illustration of three school leaders at a desk and one is holding an umbrella. They are all looking up into the sky where a sun is peeking through several clouds that are depicting dollar bills.
Illustration by Robert Neubecker for Education Week