Georgia School Funding Association
LITIGATION
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State's Motion for Summary Judgment
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On August 11, 2008, Judge Elizabeth E. Long denied the State’s Motion for Summary Judgment. At left is a copy of her ruling. The State had previously requested a summary judgment, which is an early decision based on the “undisputed facts.” Also at left is a copy of the Consortium’s Response to this motion. |
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Proposed Settlement
Letter to Governor Sonny Perdue Regarding Proposed Settlement
Proposed Basis for a Settlement
Measurable Criteria for Implementing Proposed Settlement
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On Oct. 9, 2006, the Consortium announced that its attorneys had presented a proposal for settling the lawsuit and publicly released its contents. At left are copies of a letter to Governor Sonny Perdue from Dr. Jeffery C. Welch about the four principles in this proposal, the formal proposal dated Sept. 1, 2006, and the most recent proposal for criteria in measuring whether these principles have been achieved. |
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Adequacy Standard
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On Nov. 21, 2006, Judge Elizabeth E. Long issued an order to explain the standard she will follow in determining whether the State has fulfilled its obligation to provide an adequate education for Georgia’s students.
On Aug. 22, 2006, the Consortium filed a brief on the constitutional definition of adequacy, which outlines the judicial precedents, compares the legislative goals in Georgia with the actions to implement them, and highlights graduation from high school as a fundamental indicator of educational adequacy. |
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State's Motion to Dismiss
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On Oct. 28, 2005, Judge Elizabeth E. Long denied the State's motion to dismiss the Consortium's lawsuit. At left is Judge Long's ruling, followed by the pleadings related to the State's motion to dismiss, beginning with the most recent. |
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The Consortium's Lawsuit
Additional resources:
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The Consortium has filed a lawsuit against the State of Georgia in Fulton County Superior Court to seek additional funding for Georgia's schools. At left is the Consortium's Complaint. |
Other States
Similar litigation has occurred across the country, with the vast majority of the cases since 1989 being decided in favor of the plaintiffs. Reports on the current status of these cases can be found at www.schoolfunding.info.
Cases of note:
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Kentucky
Rose v. Council for Better Education and
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In Rose v. Council for Better Education, 790 S.W.2d 186 (Ky. 1989), the Kentucky Supreme Court specified the capacities that an adequate education should provide. The 2003 complaint is related to the implementation of the decision by the Kentucky Supreme Court in Rose v. Council for Better Education. |
| Wyoming | In Campbell County School District v. State, 907 P.2d 1238 (Wy. 1995), the Wyoming Supreme Court required the state to conduct cost studies related to educational needs. |
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