Public Advocates, with pro bono counsel Goodwin Procter LLP—and impacted students, families, residents, and grassroots community organizations—have sent a demand letter to the California governor and various state officials and agencies, urging them to end grossly unequal and unconstitutional disparities in the state’s school facility funding program.

Summary:

On February 21, 2024, Public Advocates, along with pro bono counsel Goodwin Procter LLP—and impacted students, families, residents, and grassroots community organizations from across the state—sent a demand letter to the California governor, and various state officials and agencies, demanding them to end the state’s highly discriminatory system for funding school facilities—or face a lawsuit challenging this fall’s anticipated state school construction bond.

California’s system of funding school facility modernization projects through local and state bonds is based on district wealth. Not only do low-wealth school districts have less access to local bond revenue compared to their wealthier neighbors, but they also have less access to state modernization bonds as a result. The current system is structured to provide all districts with a 60% state match, regardless of need, thereby advantage wealthier districts which have exponentially greater ability to raise local funds, which in turn are matched by the state in greater amounts. Districts with lower funding streams and smaller tax bases report higher levels of facility deficiencies, which directly impacts the quality of education. The result is an unequal system in which students in low-wealth districts receive an education inferior to that of their peers in higher-wealth districts in violation of California’s Equal Protection Clause.

If District A raises $10 million to modernize and repair school facilities, the state will provide $15 million in matching, which gives District A $25 million in funding.
If District B raises $80 million to modernize and repair school facilities, the state will provide $120 million in matching, which gives District B $200 million in funding.

Studies show that school facilities impact student engagement, learning, school climate, and health. School modernization needs, such as updating HVAC systems, repairing leaking roofs, upgrading electrical systems, and replacing old portables are considerable across the state—especially because California has not issued a state bond for school facilities since 2016. School facility modernization needs disproportionately impact low-income communities of color who historically have had less resources to modernize their facilities and, as such, often disproportionately experience greater levels of disrepair.

The complainants of our demand letter are calling on state leadership to take immediate action to remedy this unconstitutional school facility funding system and significantly modify the state’s modernization program during the current legislative term in advance of the November bond measure or face legal action.