Schools consider suing state over funding.

Byline: ANNE WILLIAMS The Register-Guard

Remember Ballot Measure 1?

It was the brainchild of former Gov. John Kitzhaber, who hoped it would force the Oregon Legislature to adequately fund education or explain - in detail - why it can't.

Now, more than two years after voters passed the measure overwhelmingly, lawmakers have yet to do either of those two things.

That gave Eugene schools Superintendent George Russell an idea. Could school districts sue the state for failing to fulfill the will of the voters?

At this point, that's all it is - an idea. But Russell has shared it with other districts around the state, and last week met in executive session with the school board and legal counsel to talk about whether such a lawsuit could succeed. The discussion from that closed meeting has not been made public.

Russell said he believes voters sent a message when they passed Measure 1 with a 64 percent majority.

"My impression is most people who voted on it thought it was a way to ensure adequacy of school funding," he said. "I'm not sure the language was that clear or that precise, but in my view, there's at least some basis for litigation."

The "adequate funding" referred to in Measure 1 was based on the Quality Education Model. Created by the Legislature in 1997, the model attached a price tag to student achievement by studying the elements and costs of a top-notch education. Russell was one of 23 members of a governor-appointed panel of educators, lawmakers and business leaders that evaluated and refined the model.

The estimated cost for a "quality education" was about $6 billion - about $1 billion more than the Legislature gave public schools in the current biennium.

At the time, Russell himself was skeptical about how much impact the measure would have, calling it a "paper hammer."

But the fact that the Legislature never issued an explanation for the shortfall bolsters a case, he said. The statute gave lawmakers 180 days - until early January 2002 - after the session's end to do so.

Russell said he doubted the district would pursue anything unless the costs were minimal.

School board member Craig Smith, who also serves on the board of the Oregon School Boards Association, said he's discussed it with the OSBA, but that nothing could yet be made public.

He anticipated that the OSBA board would revisit the matter in mid-February and possibly take a position.

The OSBA sometimes takes on legal battles on behalf of school districts, footing the bill through member dues.

In fact, he said, the OSBA is pursuing a case against the House speaker and Senate president for missing Measure 1's 180-day deadline for issuing an explanation. However, he noted, the Legislature that was responsible for the failure no longer exists.

"It's an interesting jurisdictional position," he said.

Smith said a majority of states have been targeted in lawsuits over school funding in recent years, with about a 50-50 success rate for school districts.

The legal basis has varied from state to state.

Smith said he and others hope the Legislature will act this session to create a stable, adequate funding source for public schools.

"Litigation doesn't usually resolve things well or quickly," he said.

"Even if this resulted in a solution, the implementation of that solution would take a while."

But if lawmakers don't act, he said, such a lawsuit could prove an effective political tool, if nothing else.