into this century of no child left behind of the common core standards of examinations along with the common core standards of detailed assessment of individual amount of statutory in administrative material is there it's a bat the learning standards run to hundreds of pages the park assessments that take place every year have compile now with the current level of funding just as it was stated in the two thousand and seventeen act implicitly depriving the students of the state of their rights under article ten we also say that it's depriving require an appropriation of fines were setting aside of fines and if they to that extent if the complaint says that is a little part of what we're interested in is the governor coming forward with a plan for the budgets that the governor is going to state and state officers and i would point out to the court that it edgar citizens for educational rights present for the defendants in that case mcgovern had her in the state board of education as well as the state superintendent so the state but we're asking the governor we're asking the court to require the governor to come forward with a plan for meeting this so that least and we had no reason to think so far the  legislature is going to countermand the governor the governor has been asking for three hundred and fifty million dollars here we think that it takes about six hundred and sixty million dollars a year to get up to the level that the state board of education pursuant to the twenty seven th i'm not entirely sure who they're representing because the state board of education and there's no dispute about this aside absolutely it's a constitutional right and absolutely disparate funding does not justify frustrating the right of the quality education for purposes of article ten ok but the core because that's strictly a court function oh ok but the court can't decide what is a high quality education for purpose of the article ten because instruction not so a case that goes some ways back and these districts have that material but in addition and more importantly perhaps they are in loco parentis they have a right to statutory obligation act as in loco parentis and to ensure that they have a high quality education to ensure that they meet the constitutional or have the capacity to meet for these districts when they can't educate put these children into post secondary education institutions readily as they might be able to do it they have the money to do it so i can't think of anybody else who could be a certain condition you have to use this money for one of twenty seven educational practices that we the state had deemed to be effective in raising the scores and you can pick they sit on your  says that we have no constitutional obligation to do it not that it won't work but the section two of article ten set us the the highest policy making buying this getting an education is not the pointed out the responsibility of the governor to propose budget why is that not enough to make him properly vetted if what they want is more funding for essentially legislative process is latest wave in the courts cannot control the exercise of their lives as they function by the governor whether it's to require him to propose something in the budget or to prohibit him or require him to veto any legislative matter especially with respect to the subject matter of procreation i think the big concession that my colleague made saying that drafting the state media such as a defendant isn't a problem for them i think articulate which are situations in which the constitution itself made gains funny judicial salaries are the classic example of taking was where the government takes priority the constitution says the state has to pay for it the governor's office and the legislature way of ships passing through the night on the legislative appropriation process alternately the work question in this case if you get past the jurisdictional justiciable issues is what branch of state government has the constitutional responsibility to determine what level of state money to spend on public education tipped off that anyone else they're cool responsibility where they are accountable to the electorate to determine how much of the limited resources the taxpayers provide i'm going to use that for public education or for any other purpose they that it's not the court's function to determine what a higher quality education is but it's not just the legislature's responsibility to the final i call it occasion as in the in the structure of our constitution it is their responsibility to constitution vests in the general assembly to resign and they have taken positive steps in their direction they need they have passed the this new formula section eight hundred and eight point one five of the school code that  will be able to continue their trajectory keep on providing that money for these schools but i think interesting question that just as well she asked is there a linear relationship between states bump spending or local total educational spending in academic achievement i don't think that that was alleged i don't think it was that there's any evidence on it maybe their social life whatever it is that goes both ways it's sort of like there's mining translate into happiness equation if you're poor your problem not to delegate their responsibility to the state board of education or the boards were e mails they have to decide how much money to spend on public education have to do so through the appropriations process not sideways by some resolution to somebody else to declare something as to how much should be spent and nd big even a big coup or delegate their responsibility to somebody else they haven't done so and say these are the standards that we'd like students to with sheaves in their academic progress in the public schools but there doesn't mean somehow that the given out there or that they intended to give up their responsibility to decide how much of the revenues to increasing spending by were three hundred million dollars a year that goes into this formula that goes name percents to the poorest school districts in the state so even if this even if the legislature didn't get a bill to push off anybody else the ultimate his spending formula that applies to whatever appropriations the legislature names remember in ninety seven dollars your constitution shifted from a scheme in which the appropriation function which belong to the substantive what can we quire an appropriation there has to be the surfeit of a separate appropriation process so what i'd like to work to do is to understand that the constitutional framework that  responsibility to decide how much just then i'm suppose to education has done the right thing after many years of her everybody here i think remembers what happens to state revenues after the great recession they went down for the big time for the st time in decades and in the aftermath of that the public said this isn't going to work we've gotta do something here in our legislature increased our state it all businesses in this state to try and meet the social service needs another needs that the state has those taxes are coming out of our pockets and one of the reasons that people supported in the legislature  equate with the constitutional provision that refers to the state providing an efficient system of high quality public educational institutions and services the academic translate into at the type of institution much less the financing for the institution that the constitution refers to and again that of their case another president has said that they're responsib cool and i think that's one of the hallmarks of the educational system in this state which is preserved now christine the efforts that the state has me to set some academic standards and to provide additional fines and they have is that different school this which can decide to have a pro is for their formal language programs or to emphasize more extracurricular sports activities that will control doesn't go away and parents are very much invested in the idea of being able to participate in that type of local control so even though there may be benchmarks for when you see hits for math and for science and for lying which is different grade levels that the state board of education his prescribe with a legislative authority that doesn't take local control  i do want to mention that the authority of the state board of education basically if you it includes recommending state funding but not prescribing state so there's nothing that they could do they will be able to force the state to moved the goalpost away from what they're complaining ask for in terms of seven billion dollars a year in extra funding without explaining where they have come from what other yos state spending would be displaced and we just added to the budget by seven billion dollars here and then they're in the in the realm of asking the court to adapt what they call the declared her issue a declaratory judgment but but if there were a judge it is designed to identify for the parties what their legal obligations not to the school districts and they are not representative of the students therefore their status as a local paradis with respect to various matters that go on in the schools doesn't give them represented representational stealing to represent th students parents would be able to bring suit to enforce those rights on behalf of the of the of the of the child student who would have name basically object and know what were your mom but it would be more proper of them to have at least one