States

Ala. Court Sides Against Schools In Fight Over Aid Cuts

By Erik W. Robelen — July 11, 2001 3 min read
  • Save to favorites
  • Print

Reversing a lower court ruling that would have cushioned the impact on school districts of midyear state budget cuts, the Alabama Supreme Court has ruled that public schools and higher education institutions have to share the burden of such cuts equally whenever state revenues fall short.

In its June 29 decision, the court rejected districts’ arguments that the state must take K-12 educators’ salaries off the table before it can calculate across-the-board cuts mandated when state taxes for education are lower than expected. While K-12 salaries do indeed have to be shielded, the court said, it is up to districts to ensure that happens by coping with the state cuts—known as proration—without paring educators’ pay.

“Had the legislature intended to remove K-12 salaries from the base amount to be prorated by the governor, it could easily have said so,” Justice Thomas A. Woodall wrote in the court’s opinion. “It did not do so, however, and we are not at liberty to rewrite the statutes.”

The decision came under fire from some public school advocates, who argued that it will take a tough toll on the state’s public elementary and secondary schools.

“The Alabama Supreme Court’s decisions ... are devastating for the 740,000 public schoolchildren of our state,” Sandra Sims-deGraffenried, the executive director of the Alabama Association of School Boards, said in a statement. “We expect this to be a severe blow to most school boards.” The AASB was one of the parties to the lawsuit.

The case arose after Gov. Donald Siegelman announced in February that, because of a shortfall in tax revenues, the state’s $4.3 billion education budget for this fiscal year would have to be reduced by $266 million, or 6.2 percent.

K-12 vs. Colleges

The Democratic governor settled on an approach to those cuts that weighed more heavily on the state’s public universities and two-year colleges than on K-12 schools, largely because he interpreted state law to mean that precollegiate salaries had to be excluded before the state cut funding across the board. The effect was to decrease funding for higher education institutions by more than 11 percent, while limiting cuts to K-12 schools to less than 4 percent.

Disputes over the governor’s approach led to legal action pitting K-12 and higher education representatives against one another.

In response to complaints, the governor and legislature took steps to reduce and equalize the cuts previously ordered. The legislature backed a plan to allow the state to issue bonds for up to $110 million to help soften the impact of proration on whichever party lost in court. ( “Alabama OKs Bond Sale To Dull Pain Of Education Cuts,” May 30, 2001.)

The result is that both education sectors now stand to sustain cuts of 3.76 percent in the fiscal year that ends in September.

“I have fought from the beginning to treat all levels of education fairly, and because we kept fighting to pass the bond issue, we can do just that,” Gov. Siegelman said in a June 29 statement. “Our teachers and classrooms will be protected.”

Gov. Siegelman said the state would act fast to sell bonds. A July 2 memo from Robert L. Morton, the Alabama Department of Education’s assistant state superintendent, said the bond funds can be used by local districts for capital outlay, purchase and repair of equipment, and debts. “These funds will hopefully free up some local funds for other uses,” he wrote.

But Sally Howell, the assistant executive director of the AASB, argues that those limitations mean the funds may not be helpful to many schools. “Getting additional relief for capital outlays isn’t addressing the primary need” of personnel costs, she said.

Meanwhile, A. Gordon Stone, the executive director of the Higher Education Partnership, a coalition of the state’s four-year public universities, called the decision a “huge victory” that “sends a message that higher education and K-12 are both essential components of public education.”

This is not the first time that Alabama schools have faced midyear budget cuts. Indeed, state officials report that the education budget has been prorated more than a dozen times before.

Some argue that the current legal battle is just one symptom of a systemic problem. Indeed, many observers lament that lawmakers in Alabama appear unwilling to consider tax increases as a way to pay for education.

“They need to rethink the system,” said Jim Watts, the vice president of state services for the Atlanta-based Southern Regional Education Board, “because it doesn’t match up with their aspirations for education.”

A version of this article appeared in the July 11, 2001 edition of Education Week as Ala. Court Sides Against Schools In Fight Over Aid Cuts

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
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
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
Artificial Intelligence Webinar
Beyond Teacher Tools: Exploring AI for Student Success
Teacher AI tools only show assigned work. See how TrekAi's student-facing approach reveals authentic learning needs and drives real success.
Content provided by TrekAi
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
College & Workforce Readiness Webinar
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

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

States Heritage Foundation Targets Undocumented Students’ Access to Free Education
The conservative group put forward Project 2025, which has shaped Trump administration policy.
3 min read
An American flag is seen upside down at the conservative Heritage Foundation in Washington, May 31, 2024.
An American flag hangs upside down at the conservative Heritage Foundation in Washington, May 31, 2024. The think tank has called on states to enact legislation that would limit undocumented students' access to free, public education.
Jose Luis Magana/AP
States 75,000 Undocumented Students Graduate High School Each Year. What Happens Next?
A new analysis estimates 90,000 undocumented students reach the end of high school each year.
3 min read
Caps and gowns of many students were adorned with stickers that read, "WE STAND TOGETHER" or "ESTAMOS UNIDOS".A graduation ceremony proceeds at Francis T. Maloney High School in Meriden, CT. on June 10, 2025. A student who would have been walking in the ceremony and his father were detained by federal immigration officers just days before.
Caps and gowns at the June 10, 2025, graduation at Francis T. Maloney High School in Meriden, Conn., bore stickers reading “WE STAND TOGETHER” and “ESTAMOS UNIDOS” after a graduating student and his father were detained by federal immigration officers days before the ceremony. A new analysis reveals both progress and a persistent gap, presenting an opportunity for schools to close the gap of undocumented students not graduating.
Tyler Russell/Connecticut Public via Getty Images
States Scroll With Caution: Another State Requires Social Media Warning Labels
Backers of New York's law, including Gov. Kathy Hochul, have likened tech's addictiveness to tobacco.
4 min read
The Instagram logo is seen on a cell phone, Oct. 14, 2022, in Boston.
The Instagram logo is seen on a cell phone. New York is the third state, after California and Minnesota, to pass a law requiring social media warning labels.
Michael Dwyer/AP
States States Are Banning Book Bans. Will It Work?
Approved legislation aims to stop school libraries from removing books for partisan reasons.
5 min read
Amanda Darrow, director of youth, family and education programs at the Utah Pride Center, poses with books that have been the subject of complaints from parents in Salt Lake City on Dec. 16, 2021. The wave of attempted book banning and restrictions continues to intensify, the American Library Association reported Friday. Numbers for 2022 already approach last year's totals, which were the highest in decades.
Eight states have passed legislation restricting school officials from pulling books out of school libraries for partisan or ideological reasons. In the past five years, many such challenges have focused on books about race or LGBTQ+ people. Amanda Darrow, the director of youth, family and education programs at the Utah Pride Center, poses with books that have been the subject of complaints from parents in Salt Lake City on Dec. 16, 2021. (Utah is not one of the eight states.)
Rick Bowmer/AP