Law & Courts

Alabama Court Refrains From Ordering Equity Remedy

By Erik W. Robelen — June 12, 2002 3 min read
  • Save to favorites
  • Print

Alabama students have a constitutional right to an adequate and equitable education. But don’t expect the state’s court system to make sure they get one.

That is the upshot of a recent ruling by the Alabama Supreme Court on a long- standing lawsuit brought by a coalition of poor school systems.

“Because the duty to fund Alabama’s public schools is a duty that—for over 125 years—the people of this state have rested squarely upon the shoulders of the legislature, it is the legislature, not the courts, from which any further redress should be sought,” the court declared in a 7-1 decision issued May 31.

Warren Craig Pouncey, the superintendent of the 2,400-student Crenshaw County school system, a party to the lawsuit, accused the court of avoiding its responsibility to take action.

“It’s going to mean that there will be a continued widening of the disparity of educational opportunity in this state,” he said. “Only those areas with taxing capacity can provide kids with the things they need to be competitive in this global economy.”

“The Alabama Supreme Court has in effect held that you’ve got an unconstitutional system, but the judges have no authority to order a remedy,” said C.C. “Bo” Torbert, who was the lead attorney when the lawsuit began but no longer is directly involved.

But Alabama Attorney General Bill Pryor praised the decision.

“I am pleased that a substantial majority of the Supreme Court of Alabama today adopted the entire argument I made in this case,” he said in a statement. “This ruling is both conservative and proper.”

‘Separation of Powers’

In 1993, Montgomery Circuit Judge Gene Reese ruled that the state’s constitution requires schools to be adequately and equitably funded. The supreme court, asked by the legislature to offer an advisory opinion on the circuit court decision, affirmed the ruling later in 1993 and never reversed that position in later rulings related to the case. The circuit court has since been working with the state on a plan to ensure state public schools provide an adequate education to all students.

But with a new set of justices, the state supreme court decided to revisit the case this year. While last month’s decision did not overturn the 1993 finding on Alabama’s education system, the court made clear that it cannot compel action.

“In Alabama, separation of powers is not merely an implicit ‘doctrine’ but rather an express command; a command stated with a forcefulness rivaled by few, if any, similar provisions in constitutions of other sovereigns,” the court said.

Justice Douglas Johnstone, the court’s lone Democrat, wrote the only dissent. He argued that as the high court had not been asked to review the equity-funding lawsuit since 1998, the time limit had expired for the court to reconsider the lower court’s efforts to seek a remedy.

Joe Morton, Alabama’s deputy superintendent of education, said the ruling would make it harder to enact a plan the department has developed to ensure an adequate education for all Alabama students. That plan, if fully implemented, would cost an additional $1.6 billion per year, he said.

Bad Timing

Tight fiscal times in Alabama have created a strain on public schools there. In fact, last school year, the state imposed across-the-board cuts on K-12 education. While no such cuts are expected this year, spending on K-12 education has remained about the same except for a 3 percent teacher pay raise approved this year. Total state spending on education in fiscal 2003 will be about $3 billion.

The state’s plan would not simply involve extra state money. “The [tax-generating] effort has to be raised in many locales, but once that’s done, we have to step in and finish the job,” Mr. Morton said. “There is an opportunity and a need for higher tax effort at the local level, but a very economically stagnant or poor county could raise its effort but still not have much new money, because there’s not much to tax.”

John G. Augenblick, a school finance expert in Denver, said that courts in many states have intervened to compel school finance changes.

“Most say, ‘We will not tell you what to do, but we will tell you to do something,’” Mr. Augenblick said. “Over the last 30 years, half the states in this country have modified the way they allocate money in part because they’ve been required to do that [by the courts].”

A version of this article appeared in the June 12, 2002 edition of Education Week as Alabama Court Refrains From Ordering Equity Remedy

Events

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
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 Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
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
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

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

Law & Courts Supreme Court Declines Case on Selective High School Aiming to Boost Racial Diversity
Some advocates saw the K-12 case as the logical next step after last year's decision against affirmative action in college admissions
7 min read
Rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., Aug. 10, 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. A federal appeals court’s ruling in May 2023 about the admissions policy at the elite public high school in Virginia may provide a vehicle for the U.S. Supreme Court to flesh out the intended scope of its ruling Thursday, June 29, 2023, banning affirmative action in college admissions.
A group of rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., in August 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. The U.S. Supreme Court on Feb. 20 declined to hear a challenge to an admissions plan for the selective high school that was facially race neutral but designed to boost the enrollment of Black and Hispanic students.
J. Scott Applewhite/AP
Law & Courts School District Lawsuits Against Social Media Companies Are Piling Up
More than 200 school districts are now suing the major social media companies over the youth mental health crisis.
7 min read
A close up of a statue of the blindfolded lady justice against a light blue background with a ghosted image of a hands holding a cellphone with Facebook "Like" and "Love" icons hovering above it.
iStock/Getty
Law & Courts In 1974, the Supreme Court Recognized English Learners' Rights. The Story Behind That Case
The Lau v. Nichols ruling said students have a right to a "meaningful opportunity" to participate in school, but its legacy is complex.
12 min read
Associate Justice of the U.S. Supreme Court William O. Douglas is shown in an undated photo.
U.S. Supreme Court Justice William O. Douglas, shown in an undated photo, wrote the opinion in <i>Lau</i> v. <i>Nichols</i>, the 1974 decision holding that the San Francisco school system had denied Chinese-speaking schoolchildren a meaningful opportunity to participate in their education.
AP
Law & Courts Supreme Court Declines to Hear School District's Transgender Restroom Case
The case asked whether federal law protects transgender students on the use of school facilities that correspond to their gender identity.
4 min read
People stand on the steps of the U.S. Supreme Court on Feb. 11, 2022, in Washington, D.C.
People stand on the steps of the U.S. Supreme Court on Feb. 11, 2022, in Washington, D.C.
Mariam Zuhaib/AP