Arizona educators demand special legislative session

• A 5-year-old lawsuit alleges the Legislature shorted public schools during the Great Recession
• Last month, the parties gave up after months of settlement talks
• Republican leaders are proposing solutions that require a lengthy legislative and voter process

Teachers, parents and union members, saying they represent 18 groups and thousands of Arizona voters, gathered at the state Capitol Thursday to demand Gov. Doug Ducey call a special legislative session to immediately settle the education funding lawsuit.

"Follow court orders, respect authority and do what is right for our children," demanded Jennifer Johnson, executive director of Support Our Schools Arizona. "The parents of 1.1 million children are watching this issue very carefully and we are not going away."

The 5-year-old lawsuit alleges the state shorted district and charter K-12 schools by not fully funding a voter-approved inflation formula during the Great Recession.  After more than seven months of settlement talks, the Arizona Court of Appeals announced late last month the parties could not come to an agreement. The announcement means the Legislature again owes schools — effective immediately — an extra $331 million a year. But the Legislature is appealing that order and has requested the court delay ordering payments until the appeal is resolved.

Education leaders Thursday said there's enough money in the state's rainy day fund and an unexpected surplus from the fiscal year that ended in June to write a check today to cover at least the first year or two.

"Parents are tired of excuses, tired of stall tactics," Johnson said. "The governor and Legislature must demonstrate their commitment to our children today, not wait until next year or the year after that or the year after that."

Ducey had proposed boosting K-12 funding from the state land trust’s permanent fund from 2.5 percent to 10 percent each year for the next five years, boosting education by an estimated $350 million a year. It would then drop to 5 percent and expire at the end of 2026. But the plan would require approval from the Legislature, which doesn't convene until January, and from the voters. The next regularly scheduled election for ballot measures is November 2016.

Republican legislative leaders last month unveiled a proposal to give schools what they say would total an additional $500 million a year for 10 years. It includes asking voters to take money from the First Things First program for early-childhood education, asking voters to boost annual school funding from the state land trust's permanent fund, continuing the additional $74 million annually the Legislature approved for schools this fiscal year and giving schools an additional $100 million a year from higher-than-anticipated revenue last fiscal year, but asking voters to restrict the inflation on those amounts.

Leadership has declined to release additional details of their plan. Several lawmakers have said there is disagreement among Republicans, particularly on the state land trust proposal. State Treasurer Jeff DeWit has warned Ducey's plan is too aggressive and would deplete the fund, which is supposed to benefit schools in perpetuity.

There has been talk from lawmakers about a possible special session, but no decisions have been made and it's unclear whether it would focus just on Ducey's plan or on the broader Legislative leadership plan.

Jonathan Parker, a history teacher at Thunderbird High School and a parent of two school children, said the demand that the Legislature settle the lawsuit immediately using already available funds is just the first step.

"We have a large problem of funding public education that will not be resolved if the governor and Legislature were to say tomorrow, 'Here's $325 million,'" he said. "It's the first step in a meaningful conversation about properly funding education."

Julie Erfle, executive director of ProgressNow Arizona, said once Ducey and the Legislature settle the lawsuit with the available money, it is then up to them to find a long-term solution to education funding in Arizona. She said discussions about Ducey's land proposal could be part of that next step.

"Our legislators' choices are what got us into this situation," she said. "They need to figure out how we get out of this situation."

Sen. Martin Quezada, D-Phoenix, said he supports a special session, and hopes more than just Ducey's land proposal will be on the table. He said Democrats will push for a conversation about settling the lawsuit using available funds.

Senate President Andy Biggs, R-Gilbert, on Thursday said Republican leaders have to first put together an education funding plan before they can discuss whether a special session makes sense.

"We're working on a plan to solve some of these problems," he said.

During a Ducey tele-town hall event Monday night, House Education Committee Chairman Paul Boyer, R-Phoenix, said he would support a special session. Ducey did not weigh in on that issue.