Post Type
Memorandum of Points and authorities in support of plaintiffs’ motion for preliminary injunction in Miliani Rodriguez v. State
This is the memorandum supporting plaintiffs’ motion for a preliminary injunction in Miliani Rodriguez v. State of California, filed by Public Advocates and Morrison & Foerster.
The core argument: California’s School Facilities Program (SFP) distributes Proposition 2 modernization funds in a way that systematically favors wealthy districts — because eligibility requires a 40% local match that low-wealth districts structurally can’t raise. Over 25 years, the wealthiest districts received more than twice the modernization funding per student as the poorest. Plaintiffs ask the court to halt further distribution of the remaining ~$3 billion until the constitutional challenge can be heard at trial, arguing that once the funds are spent, they’re gone — likely for a decade — while students in low-wealth districts continue attending schools with mold, broken HVAC, failing plumbing, asbestos, and extreme heat.