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Plaintiffs Take Steps to Hasten Court Decision on School Funding
August 24, 2006 -
(Portland, Ore.)-- To more quickly resolve the merits of the case, plaintiffs in Pendleton School District, et al. vs. State of Oregon have dropped as defendants the six members of the legislative leadership. "We believe that Oregon's kids have waited long enough", said Paul Kelly, board chair of the Oregon School Funding Defense Foundation. He continued, "It is our intent to proceed with the case against the State of Oregon, seeking a ruling on the weight of the constitutional question we've placed before the court."
Counsel for both Republican and Democratic leaders recently made clear their intent to pursue various procedural motions that could have resulted in long and costly delays, thereby postponing a decision on the important constitutional merits of the case for many months or even years. Kelly also said, "Should we prevail on the issue of the State's constitutional obligation to provide sufficient funding to meet the K-12 quality education goals as established by law, we'll then concern ourselves with the legislative assembly specifically." It is also possible that a circuit court ruling on the constitutional questions could be instrumental during the 2007 legislative session.
The next scheduled court hearing will be held on September 15, 2006, when Judge Christopher Marshall will hear argument on the parties' cross motions for summary judgment. The outcome of that hearing may well determine whether or not there is a constitutional obligation on the part of the Oregon Legislature to meet the funding mandate required by Article VIII, section 8 of the Oregon Constitution, and to provide an adequate system of public schools under Article VIII, section 3. The section 8 mandate was demanded by voters with the overwhelming passage of Ballot Measure 1 in 2000.
The lawsuit was filed on March 21, 2006 in Multnomah County Circuit Court. The State's earlier motion to change venue to Marion County was denied in a hearing on May 19, 2006, and the case will proceed in Multnomah County Circuit Court. The case was specially assigned to Judge Marshall to follow throughout the circuit court process. Plaintiffs include eighteen school districts, representing a broad view in both geography and circumstance of Oregon's 198 school districts, as well as four individual families.
The Oregon School Funding Defense Foundation board includes Chairman Paul Kelly, Attorney and former Global Director of Public Affairs for NIKE, Portland; Vice-Chair Arthur Johnson, Attorney, Eugene; Secretary Bruce Samson, Attorney and former General Counsel for NW Natural, Lake Oswego; Attorney Bill Deatherage, Medford; Attorney and Multicultural Director at Willamette University College of Law Marva Fabien, Salem; Attorney Dennis Karnopp, Bend, and former Oregon Supreme Court Justice Betty Roberts of Portland.