Phoenix: Arizona GOP Leaders Move to Block Court Order Overhaul of School Funding System

Republican legislative leaders in Phoenix are asking the Arizona Court of Appeals to block or delay a judge's order requiring the state to fix its public school funding system.

The move sets up a direct confrontation between the Legislature and the judiciary over who controls education policy in Arizona.

The court order at stake

Maricopa County Superior Court Judge Dewain Fox issued an 114-page decision in August ruling that Arizona's school funding system is unconstitutional. The ruling found the system leaves students in buildings with major repair needs and without the equipment necessary to learn.

Fox gave lawmakers and Governor Katie Hobbs until early November to develop and fund a system that meets the state's own "minimum adequacy guidelines" for school facilities.

If the deadline is not met, Fox said he could block the state treasurer from distributing funds to schools. That action would effectively shut down Arizona's K-12 education system.

The Legislature's challenge

Attorneys for Senate President Warren Petersen and House Speaker Steve Montenegro told the Court of Appeals that Judge Fox exceeded his authority.

They argue that education policy is solely the domain of the Legislature. Lawmakers set the standards students must meet and then decide what minimum facilities are required and how much to spend.

"Compliance with its edicts could require outlays totaling possibly in the billions. These funds do not materialize out of ether. They must either be extracted from the wallets of Arizona citizens and businesses or transferred away from other agencies and departments that provide vital health, safety, and social services."

The GOP leaders' filings warned that the state cannot print more currency. Every additional dollar for school capital funding must come from tax increases or from other parts of the budget.

What the judge found

Judge Fox documented specific failures across the state. He cited buildings with structural cracks and other safety deficiencies. He found that the state has not funded legally required improvements, including keeping students safe from shooters.

The judge also noted that schools lack money for required academic equipment such as computers for students.

In Elfrida Elementary School, Fox wrote that roof leaks disrupt learning because students must stop their work to position trash cans to collect dripping water.

In Chino Valley, classroom temperatures can reach into the 90s, impacting student learning.

The schools' response

Attorneys representing school districts and education groups argued that the Legislature itself created the minimum adequacy guidelines. That came after a 1994 Arizona Supreme Court ruling that voided the school finance system in place at the time.

The lawyers pointed out that lawmakers have not provided the money for all school districts to meet the standards they ordered created. They said that violates the constitutional requirement for the Legislature to maintain and fund a "general and uniform public school system."

The districts that filed the lawsuit said building renewal funding has been underfunded by $3.8 billion. The entire state budget in the 2025 school year was about $16.2 billion, with nearly half already dedicated to K-12 education.

School attorneys argued that the $3.8 billion figure represents cumulative shortfalls, not necessarily the cost of bringing the system into compliance in a single year. They told the appellate court that Fox's order does not require all the money to be found at once.

"The superior court's ruling documented a massive number of problems that existed for many years and continue to exist today."

What happens next

The Court of Appeals has not yet announced a timeline for deciding whether to delay or uphold the judge's order. The early November deadline remains in place unless the appellate court intervenes.

The case centers on a fundamental question about Arizona government. The Legislature says it alone controls education policy and spending. The courts say the Constitution requires a functional school system, and the Legislature has failed to deliver one.