January 12, 2026—EdSource’s John Fensterwald reports on Public Advocates’ new school facilities lawsuit and whether Governor Newsom will quickly settle it as Arnold Schwarzenegger did in 2004, or drag it out like Gray Davis—exploring how managing attorney John Affeldt warned lawmakers two years ago that students would sue unless the state’s inequitable school construction aid formula was rewritten.

The lawsuit, Miliani R. v. State of California, challenges a system where wealthy districts with large property tax bases receive on average 2.5 times more state building aid than poor districts, leaving schools in places like Del Norte, San Bernardino, Stockton, and Salinas stuck with aging portables, mold, leaky roofs, and malfunctioning air conditioning—conditions that are 25 years worse than when the landmark Williams lawsuit exposed similar disparities in 2000. When the Legislature considered a $10 billion school bond in 2024, Affeldt sent a 21-page letter warning that Public Advocates would sue unless the aid formula was fixed. After lawmakers made what Public Advocates dismissed as minor concessions—slightly increasing aid for low-wealth districts and setting aside funds for small districts—the organization filed suit.

The case echoes the Williams lawsuit, where Schwarzenegger, weeks after taking office, quickly settled a case Davis had fought for three years, committing $1 billion for emergency repairs and creating new accountability measures. Schwarzenegger told Fensterwald he had toured California schools and seen broken windows and toilets: “I didn’t see those kinds of conditions in Santa Monica or in Malibu and San Diego.” He recalled telling plaintiffs’ attorney Mark Rosenbaum: “If I’m going to oppose affirmative action, I’ve got to give these kids a fair shake.”

Now Newsom faces the same choice as the Miliani R. case moves forward in 2026. Brooks Allen, who worked on Williams with Affeldt, now serves as Newsom’s education adviser—but declined to say what advice he’s given the governor.

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