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Lawsuit Seeking Minimum Quality, Equitable Funding Of Public Education Dismissed

SAN FRANCISCO (CBS SF) -- A divided state appeals court in San Francisco dismissed two lawsuits Wednesday that claimed students are entitled to a minimum quality of public school education supported by adequate and equitable funding.

A three-judge panel of the Court of Appeal said by a 2-1 vote that while the California Constitution guarantees a free public education, it does not mandate a particular level of educational quality or school funding.

Those determinations are up to the Legislature, the court majority said.

"The language of these constitutional sections does not include qualitative or funding elements that may be judicially enforced by the courts," Justice Martin Jenkins wrote.

"Rather, the constitutional sections leave the difficult and policy-laden questions associated with educational adequacy and funding to the legislative branch," Jenkins said in the majority opinion.

The plaintiffs in the two lawsuits, who included nonprofit groups, parents and students, said they will appeal to the California Supreme Court.

John Affeldt, a lawyer for the Campaign for Quality Education, said in a statement, "Plaintiffs categorically disagree with the court's majority opinion that the right to education in California carries with it no guarantee of minimum quality.

Affeldt said, "As our state Supreme Court has said on more than one occasion, the right to education is a fundamental right that 'means more than access to a classroom.' We remain confident that we will ultimately prevail."

California School Boards Association Executive Director Vernon Billy said, "Today's decision is truly disappointing for California's students and families."

Billt said, "We firmly believe all students in California have a fundamental right to an education that meets the standards the state has set -- and that is currently being denied to many, especially low-income students and students of color."

The appeals court upheld decisions by Alameda County Superior Court Judge Steven Brick that dismissed the lawsuits without a trial in 2011.

Both lawsuits were filed against the state of California in 2010.

One was filed by 22 parents and students and five nonprofit and civil rights organizations led by the Campaign for Quality Education.

The other was filed by the California School Boards Association, the Association of California School Administrators, the California State PTA, nine school districts and 60 students and their families.

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