Georgia Supreme Court Rules Adequacy Case Must Be Heard

On December 28, 2005, the Georgia Supreme Court upheld the decision of Senior Judge Elizabeth Long of State Superior Court, who had denied the state's motion to dismiss the school funding “adequacy” case, Consortium for Adequate School Funding v. State of Georgia. In a one-sentence order, the high court chose not to hear the state's appeal of the lower court opinion, issued in October 2005. The case now proceeds to discovery and a trial on the merits.

Settlement Possible

Joe Martin, executive director of the plaintiff Consortium, characterized the order as “a major boost to the suit” and said that “the supreme court had the opportunity to delay the process, but did not do so.” The president of the Consortium, Dr. William Hunter, stated that plaintiffs would prefer to settle with the state: “Before beginning a contentious and expensive trial, we would prefer to reach a settlement that ensures the provision of an adequate education for every child in Georgia.”

Reaction from the Georgia Attorney General's office was not yet reported in the press.

The Consortium is a coalition of 51 of the state's 180 school districts. Along with individual students and parents, the consortium filed the lawsuit in 2004, based on the education article of the Georgia Constitution, which states: “The provisions of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to college or postsecondary level shall be free and shall be provided by taxation . . . .”

Prepared by Molly A. Hunter, January 5, 2006