Case Summary
Issue:
Whether principles of federalism limit a federal court’s authority to control a state’s educational funding system?
Plaintiff:
Thomas Horne, Superintendent of Public Instruction of the State of Arizona
Defendant:
Miriam Flores; Rosa Rzeslawski
Amicus Curiae:
Mountain States Legal Foundation
Join the Fight
Since 1977, MSLF has fought to protect private property rights, individual liberties, and economic freedom. MSLF is a nonprofit public interest legal foundation. We represent clients pro bono and receive no government funding. Make your 100% tax deductible contribution today and join the fight.
Case History
In 2000, individuals filed a class action lawsuit against Arizona officials for failing to provide English Language Learner (“ELL”) students of the Nogales Unified School District with a program reasonably calculated to teach them English, in violation of the federal Equal Education Opportunity Act (“EEOA”). In January 2000, the District Court held that Arizona’s system for financing education was arbitrary and had led to a series of ELL deficiencies. Remedial orders followed, all ordering Arizona to “rationally fund” ELL programs. In December 2005, the District Court imposed sanctions against the State that leveled off at $2,000,000 per day until and unless the state legislature passed a law that “appropriately funded ELL programs.”
Arizona officials appealed the order and filed a motion to have the original 2000 order declared satisfied. The motion was denied in April 2006 and an appeal taken that resulted in a remand and subsequent evidentiary hearings to determine if changed circumstances required modification of the original court order. The evidence at the evidentiary hearing showed that, between 2000 and 2006, there was an infusion of new money for education resulting from state voter initiatives, state legislative action, new local taxes, and federal funding. Nevertheless, the District Court and the Ninth Circuit denied relief.
Arizona officials sought Supreme Court review. On January 9, 2009, the Supreme Court granted certiorari. On February 19, 2009, Mr. Horne filed his opening brief. On February 26, 2009, MSLF filed a friend of the court brief in support of Petitioners. Oral arguments were held on April 20, 2009.