Funding for K-12 Public Education in Oregon:

Moving from Bold Rhetoric to Effective Action

The Legislature’s PromiseThe Legislature’s Promise

1991—The Oregon Education Act 1991—The Oregon Education Act for the 21for the 21stst Century: Century:

““the best educated citizens in the the best educated citizens in the nation by the year 2000 . . .”nation by the year 2000 . . .”

Statutory K-12 quality goals Statutory K-12 quality goals among the most ambitious in the among the most ambitious in the countrycountry

but merely aspirationalbut merely aspirational

The People’s DemandThe People’s Demand

2000—Measure 1 (Or. Const. art. 2000—Measure 1 (Or. Const. art. VIII, sec. 8):VIII, sec. 8):

Legislature “Legislature “shallshall appropriate in appropriate in each biennium a sum of money each biennium a sum of money sufficient to ensure that the state’s sufficient to ensure that the state’s system of public education meets” system of public education meets” the goals established in 1991the goals established in 1991

Effect: 1991/1995 quality goals no Effect: 1991/1995 quality goals no longer aspirationallonger aspirational

The Legislature’s (In)actionThe Legislature’s (In)action 1992: Oregon ranked 161992: Oregon ranked 16thth nationally in per nationally in per

pupil K-12 fundingpupil K-12 funding 2004: Oregon ranked 28th2004: Oregon ranked 28th

1992: Oregon ranked 111992: Oregon ranked 11thth nationally in per nationally in per pupil funding as a percentage of citizens’ pupil funding as a percentage of citizens’ average incomeaverage income 2003: Oregon ranked 34th2003: Oregon ranked 34th

Are tough economic times to blame?Are tough economic times to blame? No. Drop in real funding (measured in No. Drop in real funding (measured in

1990-91 dollars) from $4,100 per student in 1990-91 dollars) from $4,100 per student in 1990 to $3,300 in 1998, during period of 1990 to $3,300 in 1998, during period of economic prosperityeconomic prosperity

Results of the Legislature’s InactionResults of the Legislature’s Inaction

By 2000, Oregon’s average class size of By 2000, Oregon’s average class size of 23.9 ranked 4923.9 ranked 49thth in the nation; in the nation;

As of 2002, our 71% high school As of 2002, our 71% high school graduation rate ranked 32graduation rate ranked 32nd;nd;

2004 Natl. Assessment of Education 2004 Natl. Assessment of Education Progress revealed that only approx. one-Progress revealed that only approx. one-third of Oregon’s 4third of Oregon’s 4thth and 8 and 8thth graders are graders are proficient in math and reading; andproficient in math and reading; and

Only one-half of Oregon’s 10Only one-half of Oregon’s 10thth graders graders are “meeting standards” in reading, are “meeting standards” in reading, math and writing.math and writing.

Cost to Taxpayers of the Legislature’s Inaction

Cost to Taxpayers of the Legislature’s Inaction

Cost of DropoutsCost of Dropouts

80% of Oregon prison inmates are 80% of Oregon prison inmates are dropouts, at average cost of $23,000 per dropouts, at average cost of $23,000 per inmate per yearinmate per year

Four times more likely to be covered by Four times more likely to be covered by OHPOHP

More than twice as likely to be More than twice as likely to be unemployedunemployed

How Can We Fix It?How Can We Fix It?

Quality Education CommissionQuality Education Commission non-partisannon-partisan

tasked with formulating a plan to achieve tasked with formulating a plan to achieve statutory quality goalsstatutory quality goals

conclusions based on extensive research conclusions based on extensive research from state and national expertsfrom state and national experts

recommended specific qualitative changes recommended specific qualitative changes based on comparison of current Oregon based on comparison of current Oregon practices with “best practices”practices with “best practices”

How Can We Fix It? (contd.)How Can We Fix It? (contd.)

Characteristic Current Service Level Required Service Level Kindergarten School Day Half-Day Full-Day Average class size 24 (K-3)

26 (4-5)

24 (middle school)

25 (high school)

20 (K-3)

25 (4-5)

22 (middle school)

22 (high school)

Classroom Teachers 12.8 FTE per 340 K-5 students

16 FTE per 340 K-5 students

Staffing in Core Subjects 41 FTE per 1,000 high school students

44 FTE per 1,000 high school students

Specialists for art, PE, etc. 2.0 FTE per 340 K-5 students 4.5 FTE per 340 K-5 students Extra teachers in math, English, and science

None 1.5 FTE per 500 middle school students 3.0 FTE per 1000 high school students

Textbooks $36 per K-5 student $43 per middle school student $55 per high school student

$72 per K-5 student $69 per middle school student $96 per high school student

Who Will Fix It?Who Will Fix It?

The Legislature?The Legislature? 15 years since passage of the Education Act 15 years since passage of the Education Act

for the 21for the 21stst Century Century

5 years since voters passed Measure 1 by a 5 years since voters passed Measure 1 by a 2-1 margin2-1 margin

3 QEC Reports with dire warnings3 QEC Reports with dire warnings

3 reports from the Legislature itself 3 reports from the Legislature itself concedingconceding that schools aren’t measuring up that schools aren’t measuring up

But But no actionno action

Who Will Fix It? (contd.)Who Will Fix It? (contd.)

Municipalities?Municipalities?Measures 5, 47, and 50 drastically Measures 5, 47, and 50 drastically

reduced ability to raise revenuereduced ability to raise revenue

Those measures have flipped the Those measures have flipped the funding burden on its head: State now funding burden on its head: State now has burden for more than 70% of K-12 has burden for more than 70% of K-12 fundingfunding

In short, municipalities are In short, municipalities are largely largely powerless to fix this problempowerless to fix this problem

Who Will Fix It? (contd.)Who Will Fix It? (contd.)

The “Political Process”?The “Political Process”?We’ve already tried that—voters We’ve already tried that—voters

passed Measure 1 in 2000 by a margin passed Measure 1 in 2000 by a margin of 2-1of 2-1

directed that the Legislature “shall directed that the Legislature “shall appropriate” funds sufficient to appropriate” funds sufficient to satisfy K-12 quality goalssatisfy K-12 quality goals

The People have spoken, but the The People have spoken, but the Legislature hasn’t listened.Legislature hasn’t listened.

What options remain?What options remain?

Who Will Fix It? (contd.)Who Will Fix It? (contd.)

The CourtsThe Courts

38 funding “adequacy” cases filed to 38 funding “adequacy” cases filed to date in other statesdate in other states

21 plaintiff victories21 plaintiff victories

7 state victories (10 cases still pending)7 state victories (10 cases still pending)

Fundamentals of an Adequacy Challenge in Oregon

Fundamentals of an Adequacy Challenge in Oregon

PlaintiffsPlaintiffsschool districts and students (through school districts and students (through

their parents)their parents)

geographic diversitygeographic diversity

DefendantsDefendantsState of OregonState of Oregon

legislative leaders of both Houses, on legislative leaders of both Houses, on behalf of all members in their official behalf of all members in their official capacitiescapacities

Fundamentals of an Adequacy Challenge in Oregon (contd.)

Fundamentals of an Adequacy Challenge in Oregon (contd.)

Two Primary Constitutional Two Primary Constitutional Arguments:Arguments:

1)1) Article VIII, section 3Article VIII, section 3 requires the Legislature to “provide requires the Legislature to “provide

by law for the establishment of a by law for the establishment of a uniform and general system of uniform and general system of Common schools” Common schools”

courts in many other states have courts in many other states have recognized implicit “adequacy” recognized implicit “adequacy” requirement in similar languagerequirement in similar language

Fundamentals of an Adequacy Challenge in Oregon (contd.)

Fundamentals of an Adequacy Challenge in Oregon (contd.)

2)2) Article VIII, section 8Article VIII, section 8 ““The Legislative Assembly shall The Legislative Assembly shall

appropriate in each biennium a sum of appropriate in each biennium a sum of money sufficient to ensure that the state’s money sufficient to ensure that the state’s system of public education meets quality system of public education meets quality

goals established by law, goals established by law, andand publish a publish a report that either demonstrates the report that either demonstrates the appropriation is sufficient, or identifies the appropriation is sufficient, or identifies the reasons for the insufficiency . . .”reasons for the insufficiency . . .”

““And” doesn’t mean “or”!And” doesn’t mean “or”!

Next StepsNext Steps Oregon School Funding Defense Oregon School Funding Defense

FoundationFoundation

Board includes Paul Kelly (Chair), Art Board includes Paul Kelly (Chair), Art Johnson (Vice Chair), Justice Betty Johnson (Vice Chair), Justice Betty Roberts, Bruce Samson, Bill Deatherage, Roberts, Bruce Samson, Bill Deatherage, Dennis Karnopp, Marva FabianDennis Karnopp, Marva Fabian

Executive Director is Kathryn FirestoneExecutive Director is Kathryn Firestone

Raising funds from a variety of sourcesRaising funds from a variety of sources

You can help!The Oregon School Funding Defense Foundation is The Oregon School Funding Defense Foundation is committed to raising the necessary funds to see the committed to raising the necessary funds to see the

lawsuitlawsuit  all the way through Oregon's Court system.  Our all the way through Oregon's Court system.  Our pledge to the plaintiffs is that they will incur minimal pledge to the plaintiffs is that they will incur minimal

costs - related only to staff time for discovery and costs - related only to staff time for discovery and documentation and travel for court appearances. documentation and travel for court appearances. 

OSFDF is a an Oregon Non-profit Corporation and OSFDF is a an Oregon Non-profit Corporation and we have applied for our 501(c)(3).  Checks can be sent to we have applied for our 501(c)(3).  Checks can be sent to

OSFDF, c/o Paul Kelly, Jr., 121 SW Morrison Street, OSFDF, c/o Paul Kelly, Jr., 121 SW Morrison Street, 11th Floor, Portland, Oregon 97204-3141.  Your 11th Floor, Portland, Oregon 97204-3141.  Your

donations may bedonations may be  tax-deductible as permitted by law and tax-deductible as permitted by law and will be spent solely in support of the adequacy litigation - will be spent solely in support of the adequacy litigation -

our only project.  We believe that every Oregonian our only project.  We believe that every Oregonian benefits from a high-quality, adequately funded school benefits from a high-quality, adequately funded school

system and we need your help. system and we need your help. 

Please, send a check today.  Thank you!Please, send a check today.  Thank you!