PRESS RELEASE: 'Incredible Win for Public Schools' – House Democrats on School Facilities Court Ruling

FOR IMMEDIATE RELEASE    

August 13, 2025

PHOENIX – Arizona's system for building public schools has been unconstitutionally underfunded during decades of Republican legislative leadership, a Maricopa County Superior Court Judge ruled on Wednesday in a lawsuit brought by the Arizona Center for Law in the Public Interest. Assistant House Democratic Leader Nancy Gutierrez called the ruling "an incredible win for public schools."

Gutierrez, a longtime public-school teacher and ranking Democratic member on the House Education Committee, said the fight for equitable funding is far from over, noting likely appeals.

"But this decision should light a fire under the legislative majority to properly fund maintenance, repairs, and replacement of school buildings regardless of what school district they're in," Gutierrez said. "The current capital funding system is based on property values and bonds and overrides, meaning that the safety of school buildings varies significantly depending on the wealth and generosity of the district. The court determined this system to be so unfair that it's unconstitutional. That says everything."

Representative Stephanie Simacek, a former teacher and current member of the Deer Valley Unified School District Governing Board, said, "As lawmakers we must work together to find a way to pay for school buildings and make up for years of heavy reliance on bonds and overrides. If this ruling stands – and it should -- it will be enormously beneficial for public schools because it forces the State to take responsibility for the condition of the schools that it runs."

Simacek added, "Three years ago our district failed a bond for the first time in 30 years, and it has been a struggle. We've had to make significant budget cuts; we will likely lose full-day kindergarten, and parents now have to pay fees for athletics and extracurricular activities. Adding certainty and fairness on the facilities and maintenance end will help all of us."

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