About the Case

All children in California have the right to a quality education. We filed CQE v. California to enforce this fundamental right owed to every child under our state constitution, and to require California to adequately and equitably fund its public schools.

The California Supreme Court has said that every child in California has a fundamental right to a meaningful education and deserves an equal opportunity to attain that education. As interpreted by the Court, a meaningful education in the 21st century is one that prepares students for civic engagement, social success, and successful entry into the work force or higher education.

But California is failing to adequately and equitably fund its schools so that every student has a reasonable opportunity to obtain a quality education. This failure harms all students but falls disproportionately on low-income students of color. Our current system is not equitable; it is not efficient; and it is not sufficient for students who face the greatest challenges. 

Funding for school districts has become increasingly unstable, unpredictable, and subject to such dramatic reductions that core educational programs and services are being cut across the State. In November 2007, the Governor’s own Committee on Education Excellence issued its final report and recommendations to reform California’s education system. The report concluded that the current finance system is “broken.” As a consequence, it “[d]oes not ensure that sufficient resources reach students according to their needs.”

The State has failed to take any action to fix its broken system of school finance, despite broad consensus that such fundamental change is necessary. The policymaking process seems paralyzed, unable to put a stop to drastic funding cuts and budget impasses and even less able to enact a new and different school funding system.

The plaintiffs in CQE v. California are five grassroots organizations representing nearly half a million students and parents from across California, as well as over 20 individual students and parents. We’ve worked for years to try to change the system through the legislative process. But there has not been the political will to make it happen. California’s students have run out of time. The courts must step in and force the State to live up to its responsibilities.

The State Constitution establishes a right to a meaningful education that will prepare students to succeed economically and participate in our democracy. Our suit charges the State with violating this right found in the California’s Constitution’s Education and Equal Protection Clauses. We are also arguing that the State has violated its constitutional duty to first fund education, in violation of Article XVI, section 8(a).  

We’re asking the court to declare the current funding system unconstitutional and to order the State to create a new school funding system that is aligned to the actual costs of preparing students for college and careers and to individual student needs. We’re not asking for simply more money; we’re asking for fundamental reform so that existing and additional funds will be more efficiently spent. Some foundational policies that must be in place include an adequate data system, policies to support teacher development, evaluation and effectiveness, and access to preschool for all low-income children.

Through CQE v. California, grassroots communities in California demand the State fulfill its promise to them of a meaningful, high-quality education, open to all on equal terms.

Click here for CQE v. California Case Summary.