State v. Ketchikan Gateway Borough

366 P.3d 86, 2016 Alas. LEXIS 2, 2016 WL 106156
CourtAlaska Supreme Court
DecidedJanuary 8, 2016
Docket7075 S-15811/S-15841
StatusPublished
Cited by18 cases

This text of 366 P.3d 86 (State v. Ketchikan Gateway Borough) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Ketchikan Gateway Borough, 366 P.3d 86, 2016 Alas. LEXIS 2, 2016 WL 106156 (Ala. 2016).

Opinions

OPINION

BOLGER, Justice.

L. INTRODUCTION

The State's local school funding formula requires a local government to make a contribution to fund its local school district,. The superior court held that this required local contribution is an unconstitutional dedication of a "state tax or license." But the minutes of the constitutional convention and the historical context of those proceedings suggest that the delegates intended that local communities and the State would share responsibility for their local schools. And those proceedings also indicate that the delegates did not intend for state-local cooperative programs like the school funding formula to be included in the term "state tax or license." These factors distinguish this case from previous cases where we- found that state funding mechanisms violated the dedicated funds clause. We therefore hold that the existing funding formula does not violate the constitution, and we reverse the superior court's grant of summary judgment.

II. FACTS AND PROCEEDINGS

A. Schobl Funding Formula

Article VII, section 1 of the Alaska Constitution requires: the state legislature to "establish and maintain a system of public schools" open to all children in the state.1 [88]*88'To fulfill this constitutional mandate, the legislature has defined three types of school districts according to where the district is located: city school districts, borough sehool districts, and regional education attendance areas.2 "[Ejach organized borough is a borough school district"; 3 a borough must "establish{ ], maintain[ 1, and operate[ ] a system of public schools on an areawide basis.4 ' Local school boards manage and control these school districts under authority delegated by AS 14.12.020. This statute requires local borough and city governments to raise money "from local sources to maintain and operate" their local schools.5

The local school funding formula begins with the concept of "basic need." This concept is intended to equalize districts by providing them with needed resources, taking into account differences among districts.6 A statutory formula determines a district's basic need based on two variables: the dis-triet's adjusted average daily membership and the statewide base student allocation.7 The district's adjusted average daily membership accounts for several metrics such as enrollment, school size, relative costs in the district, the number of students with special needs, and the number of correspondence students.8 The base student allocation is a per-student allowance set by a statute that the legislature periodically revisits.9

To fulfill this basic need, districts receive "state aid, a required local contribution, and eligible federal impact aid."10 State aid comes from the "public education fund," to which the legislature allocates funds annually.11 The amount of state aid that a district receives is based on three variables: the district's "basic need," the district's required local contribution (if any), and the district's federal impact aid.12 If state appropriations fall short of the amount of state aid calculated under AS 14.17.410, then the State must reduce each district's basic need on a pro rata basis.13

'The requu'ed local contribution offsets the amount of state aid provided to satisfy a district's basic need.14 Satisfying the local contribution requires a local community to contribute an amount that falls within a statutory range that reflects the value of taxable real and personal property located within the district.15 At minimum the contribution [89]*89must. equal the "equivalent of a 2.65 mill tax levy on the full and true value of the taxable real and personal property in the district as of January 1 of the second preceding fiscal year." 16 The State, however, cannot require an organized borough or city to contribute more than "45 percent of a district's basic need for the preceding fiscal year." 17 A city or borough sehool district also may make a voluntary contribution, but a statutory cap prevents a local community from contributing more than the greater of the "equivalent of a two mill tax levy on the full and true value of the taxable real and personal property in the district" or "28 percent, of the total of the district's basic need for the fiscal year."18 Thus, under the current, framework, organized boroughs and cities work together with the State to support public schools.

B. Prior Procéedings -

Ketchikan Gateway Borough is an organized borough that must annually contribute to fund its schools under AS 14.12.020.19 The required payment, set. by the school funding formula,20 supports the Ketchikan Gateway Borough School District. In 2018, the district's "basic need" for the upcoming 2014 fiscal year was almost $26 million; the required local contribution was about $4.2 million, Though the Borough contributed this amount "under protest," it voluntarily contributed an additional $8.8 million. After contributing the funds, the Borough brought suit against the State, asking the superior court, first, to declare the required local contribution unconstitutional; second, to enjoin the State from requiring the Borough to comply with the statute; and, third, to direct the State to refund its protested $4.2 million payment. Both partles moved for summary Judgment.

"The superior court partially granted the Borough's motion. It agreed with the Borough that the required local contribution violated the dedicated funds clause under article IX, section 7 of the state constitution. The dedicated funds clause provides:

The proceeds of any state tax 'or license shall not be dedicated to any special purpose, except as provided in section 15 of this article or when required by the federal government for state participation in federal programs. This provision shall not prohibit the continuance of any dedication for special purp'éses existing upon the date of ratification of this section by the people of Alaskan.[21]

The supenor court. concluded that the required local contribution constituted the proceeds of a state tax or license; that the local contribution statute earmarked those funds for a specific purpose and prevented the legislature from using the funds in any other manner; and that the required local contribution was not exempt from the constitutional prohibition against dedicated funds.

The superior court denied summary judgment on the Borough's other claims. It con-eluded that the local contribution did not violate the appropriations or governor's veto clauses and that equity did not require the State to refund the local contribution to the Borough for the 2014 fiscal year.

The appropriations clause under article IX, section 18 provides "No money shall be withdrawn from the treasury except in accordance with appropriations made, by law. No obligation for the payment of money shall be incurred: except as authonzed by law Uno-

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ronald T. West v. State of Alaska
Alaska Supreme Court, 2024
Eric Forrer v. State of Alaska and Lucinda Mahoney
471 P.3d 569 (Alaska Supreme Court, 2020)
Anderson v. State
436 P.3d 1071 (Court of Appeals of Alaska, 2018)
Mat-Su Valley Medical Center, LLC v. Bolinder
427 P.3d 754 (Alaska Supreme Court, 2018)
Hester v. Landau
420 P.3d 1285 (Alaska Supreme Court, 2018)
Wielechowski v. State
403 P.3d 1141 (Alaska Supreme Court, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
366 P.3d 86, 2016 Alas. LEXIS 2, 2016 WL 106156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ketchikan-gateway-borough-alaska-2016.