Sue for education funding? Been there, done that
Bill Hoffman, the school district's lawyer, said during a Thursday meeting such lawsuits are not unusual. He said they have occurred in 35 to 40 states. He said he was unaware of any similar lawsuit being filed in Nevada.
Ever heard of Guinn v. Legislature? In 2003 the state Supreme Court ruled, without anyone asking them to, that a constitutional requirement for a two-thirds supermajority of legislative votes to pass a tax hike must give way to the constitutional need to adequately fund education. The Legislature eventually avoided the constitutional crisis by passing tax hikes with a supermajority.
At the time, Justice Deborah Agosti quoted the state Constitution which says, “The legislature shall encourage by all suitable means the promotion of intellectual, literary, scientific, mining, mechanical, agricultural, and moral improvements, and also provide for a superintendent of public instruction and by law prescribe the manner of appointment, term of office and the duties thereof.”
She even quoted what the document specifically said of school funding, “The legislature shall provide for a uniform system of common schools, by which a school shall be established and maintained in each school district at least six months in every year …”
One school. Six months.
The ruling was 6-1 with Justice Bill Maupin dissenting. He wrote, “Again, we are powerless to order co-equal branches of government to exercise individual acts of constitutional discretion. Our authority depends upon whether extraordinary relief is warranted and in exercising our authority to grant relief, we would be restricted to an interpretation of the Constitution, utilizing recognized tenets of statutory construction.”
In September 2006, the court totally reversed that decision. The legislator who pressed for reversal was one Sharron Angle.
So, sue for education funding? Been there. Done there. Precedent set. The Legislature must act, not the courts.
