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

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
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, and responsible adoption.
Content provided by Lightspeed Systems
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
Reading & Literacy Webinar
Two Jobs, One Classroom: Strengthening Decoding While Teaching Grade-Level Text
Discover practical, research-informed practices that drive real reading growth without sacrificing grade-level learning.
Content provided by EPS Learning
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

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 From Ten Commandments to Tariffs: A Fall Legal Roundup
Key court cases on transgender rights, religion, speech, and policy could reshape U.S. schools.
7 min read
Photo illustration of legal books, scales and gavel.
iStock
Law & Courts How One Lawyer Helped Reshape Special Education at the Supreme Court
A documentary follows a lawyer behind major Supreme Court wins for students with disabilities.
9 min read
Roman Martinez, an attorney with Latham & Watkins, is featured in the Bloomberg Law documentary 'Supreme Advocacy.'
Roman Martinez, a Washington lawyer who has played a role in four U.S. Supreme Court cases about the rights of special education students, is featured in the Bloomberg Law documentary "Supreme Advocacy."
via YouTube
Law & Courts Supreme Court Weighs IQ Tests and Other School Records in Key Death Penalty Case
The court weighs the proper role of IQ tests for defendants claiming an intellectual disability.
8 min read
IQ test, paper sheet with test answer on the table
iStock/Getty
Law & Courts Supreme Court Orders New Review of Religious Exemptions to School Vaccines
The U.S. Supreme Court ordered a new look in a school vaccination case and declined to review library book removals.
6 min read
A U.S. Supreme Court police officer walks in front of the Supreme Court amid renovations as the justices hear oral arguments on President Donald Trump's push to expand control over independent federal agencies in Washington, D.C., on Dec. 8, 2025.
A U.S. Supreme Court police officer walks in front of the court amid renovations in Washington, on Dec. 8, 2025. The court took several actions in education cases, including ordering a lower court to take a fresh look at a lawsuit challenging a New York state law that ended religious exemptions to school vaccinations.
J. Scott Applewhite/AP