Our union filed a lawsuit on Sept. 15 against the State of California to defend the state constitution and reclaim nearly $6 billion in Prop. 98 education funding that has been illegally withheld from public schools.

Calling the state’s actions a shell game, CTA President David Goldberg outlined how the state illegally withheld nearly $4 billion this year from the funding guarantee for K–12 schools and community colleges, in addition to nearly $2 billion last year. He says educators are filing suit to defend Prop. 98, the will of voters and the public schools all California students need.

“Eroding Prop. 98 violates our constitution and creates great harm,” Goldberg said at a press conference announcing the lawsuit. “Local school districts will threaten layoffs, school closures and kick off the new school year with cuts when our students deserve investments.

“California is the fourth largest economy in the world — how are cuts to public schools on the table? We are demanding a return of the funds that have been withheld so that our students and communities can be saved from yet another year of devastating educator layoffs and unnecessary cuts.”

“We are demanding a return of the funds that have been withheld so that our students and communities can be saved from yet another year of devastating educator layoffs and unnecessary cuts.”

—CTA President David Goldberg

Passed by California voters in 1988, Prop. 98 guarantees a minimum level of funding — generally 40% of General Fund revenues in our state budget for public schools and community colleges. This year, that guarantee is $121.4 billion. The budget approved by state legislators and signed into law by the governor clearly ignores the will of voters, causing serious harm to public schools — violating the Prop. 98 guarantee means overcrowded, under-resourced, destabilized classrooms in schools and colleges from Crescent City to Calexico.

“Each year the state has underfunded schools, they could have raised new revenue, and instead the state chose to withhold funds from schools,” said Ben Gevercer, attorney with Olson Remcho, who is representing CTA in the lawsuit.

Our union is determined to win back these funds for students and schools. “Prop. 98 isn’t a piggy bank you get to borrow from. It’s the law that entitles our students to the funding they need to learn,” Goldberg said. “Prop. 98 is the floor, not the ceiling, and the governor and Legislature are digging a big hole in that floor instead of supporting our students.”

Elena Villa, a 26-year veteran educator and Redlands Teachers Assn. member, also spoke at the press conference about the impact of funding cuts on her school, district and fellow educators. “When positions or resources are eliminated, a new norm sets in — one that is not sustainable but unfortunately becomes acceptable over time,” she said, noting that as a result, educators are overextended and often spend their own money to cover for lost resources, while students lose out on what they need.

“Our students deserve our full capacity and attention. We want to provide them with the best education, without question. But to do that we must have the time and the resources to do our jobs.”

Richard Barrera, our endorsed candidate for Superintendent of Public Instruction added his support of our lawsuit.

“I salute CTA for refusing to accept the unconstitutional action by the governor and the Legislature,” said Barrera.

Read the CTA press release on the Prop. 98 lawsuit. Learn more about CTA’s fight to protect Prop. 98 funding.