Iowa sued over the quality of public education system
Three Iowa families filed the lawsuit against Gov. Chet Culver and Judy Jeffrey, Iowa Department of Education director. Des Moines businessman Marvin Pomerantz, a past president of the Iowa Board of Regents, is financing the lawsuit. The suit charges that Iowa has failed to provide public school students with an adequate education as required by the state's constitution and code. Other states have faced education equity lawsuits that mostly challenge whether schools have adequate resources. The Iowa lawsuit appears to be unique because it challenges programming available to students. Specifically, the lawsuit asks that Iowa officials implement a challenging statewide curriculum to be used in all public schools and a pay scale for teachers that is based on performance rather than years of experience. It also asks to end disparities among Iowa's 364 districts.
“I really respect Marvin Pomerantz,” Culver said. “I think it's unfortunate he has decided to try to resolve this in a courtroom. I've been trying to address it through the legislative process. I still believe that's the best place to try to resolve any differences that we have in terms of public policy.” Meanwhile, the State Board of Education approved the second half of its model core curriculum, which is still optional for schools. A bill being considered by lawmakers would make it mandatory for districts to adopt the core curriculum. The lawsuit has been prepared for some time. However, Pomerantz held off filing it because he hoped Iowa lawmakers would make headway in improving the state's education standards, said Doug Gross, the plaintiff's attorney and a former Republican candidate for governor. “Unfortunately, there wasn't really anything in the governor's program related to that, and while there's some tinkering being talked about in the General Assembly right now, it's pretty doubtful that any systemic reform's going to be accomplished,” Gross said.
Mike Griffith of the Education Commission of the States in Colorado said the process can take up to a decade to resolve. Most cases focus on monetary resources, not programming. “It's two different ways to slice the pie,” Griffith said. “You can say, ‘Kids aren't able to achieve at the level we want them to. The reason they're not able to achieve is because you're not giving them adequate resources.’ (The Iowa case) sounds like, ‘Kids are not able to achieve in our state because you do not have these programs in place ...’” Griffith said that if Iowa is found not to have adequate programs in place in all of its school districts, it could cost the state money to provide them. In other cases around the country, most courts have “been reluctant to be prescriptive,” Griffith said, adding that most realize they don't have the time or expertise to make specific demands on schools or legislatures. Wyoming, however, is the exception. There the courts dictated course offerings and how districts should be organized, working backward from the admissions requirements at the University of Wyoming.
Source: Des Moines Register, 4/4/08, By Megan Hawkins & Jennifer Jacobs
[Editor’s Note: The legal complaint filed in the case is below. The Florida chapter of the American Civil Liberties Union (ACLU) recently filed suit against Palm Beach County School District for failing to provide the “uniform, efficient, safe, secure and high-quality education” required by that state’s constitution. See below.]
Complaint in King v. Iowa
NSBA School Law pages on suit against Palm Beach County