Craven v. Huppenthal , 236 Ariz. 217 ( 2014 )


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  •                                 IN THE
    ARIZONA COURT OF APPEALS
    DIVISION ONE
    D. JEFFREY and LYNDA CRAVEN; TRACY BRAATZ; STEVEN
    GEORGE DANNER; JOANNE HOPMEYER; MARY FOLEY
    and CYNTHIA ZAK-SLETTE, Plaintiffs/Appellants,
    v.
    JOHN HUPPENTHAL, Superintendent of Public Instruction; STATE OF
    ARIZONA and ARIZONA STATE BOARD OF EDUCATION,
    Defendants/Appellees,
    CREIGHTON ELEMENTARY SCHOOL DISTRICT NO. 14; ARIZONA
    SCHOOL BOARDS ASSOCIATION, Intervenors/Appellees.
    No. 1 CA-CV 13-0485
    FILED 11-18-14
    Appeal from the Superior Court in Maricopa County
    No. CV2009-029436
    The Honorable J. Richard Gama, Judge
    AFFIRMED
    COUNSEL
    Brownstein, Hyatt, Farber, Schreck, LLP, Phoenix
    By Kory A. Langhofer, Chase A. Bales
    Counsel for Plaintiffs/Appellants
    Arizona Attorney General’s Office, Phoenix
    By Kevin D. Ray, Leslie Kyman Cooper, Jordan T. Ellel
    Counsel for Defendants/Appellees
    CRAVEN et al. v. HUPPENTHAL et al.
    Opinion of the Court
    Peters, Cannata & Moody, PLC, Phoenix
    By Donald M. Peters
    Counsel for Intervenors/Appellees
    OPINION
    Presiding Judge Margaret H. Downie delivered the opinion of the Court, in
    which Judge Andrew W. Gould and Judge Samuel A. Thumma joined.
    D O W N I E, Judge:
    ¶1             Appellants are parents of children who attend charter schools
    in Arizona. They contend the statutory framework for financing charter
    schools violates the equal protection and general and uniform clauses of the
    state constitution. For the following reasons, we affirm the superior court’s
    grant of summary judgment against Appellants.
    FACTS AND PROCEDURAL HISTORY
    ¶2             Appellants sued the Superintendent of Public Instruction, the
    State Board of Education, and the State of Arizona, seeking injunctive relief
    as well as a judicial declaration that Arizona’s statutory funding scheme for
    charter schools is unconstitutional because it results in “gross disparities
    between public charter schools and other district public schools.”1 The
    Arizona School Boards Association and Creighton Elementary School
    District No. 14 intervened as defendants. According to Appellants, the
    alleged disparities arise because Arizona statutes make funding sources
    available to district schools that are unavailable to charter schools.
    Appellants further allege that, were charter schools “to receive funding that
    is substantially equal to their friends and neighbors who attend district
    public schools, their public charter schools would be able to provide
    additional services that would enrich their students’ educational experience
    and enhance their educational opportunities.”
    ¶3            On cross-motions for summary judgment, the superior court
    ruled that a rational basis exists for funding charter and district schools
    differently and dismissed Appellants’ equal protection challenge. In
    dismissing claims predicated on the general and uniform clause of the
    1     District public schools, or “district schools,” are non-charter public
    schools for a given geographical region.
    2
    CRAVEN et al. v. HUPPENTHAL et al.
    Opinion of the Court
    Arizona Constitution, the superior court concluded no substantial disparity
    exists because Appellants concede their children’s charter school
    educations are adequate and because “charter and [public] schools are
    different, [so] the Legislature may fund them differently.”
    ¶4           Appellants timely appealed. We have jurisdiction pursuant
    to Arizona Revised Statutes (“A.R.S.”) sections 12-120.21(A)(1) and
    -2101(A)(1).
    DISCUSSION
    I.      Standard of Review
    ¶5            On appeal from a grant of summary judgment, we review de
    novo the superior court’s application of the law. Salt River Pima-Maricopa
    Indian Cmty. Sch. v. State, 
    200 Ariz. 108
    , 110-11, ¶ 7, 
    23 P.3d 103
    , 105-06 (App.
    2001). We also review de novo matters of constitutional and statutory
    interpretation. Roosevelt Elementary Sch. Dist. No. 66 v. State, 
    205 Ariz. 584
    ,
    589, ¶ 24, 
    74 P.3d 258
    , 263 (App. 2003) (“Roosevelt II”). We will affirm a
    grant of summary judgment if the superior court was correct for any reason.
    City of Tempe v. Outdoor Sys., Inc., 
    201 Ariz. 106
    , 111, ¶ 14, 
    32 P.3d 31
    , 36
    (App. 2001).
    ¶6             The parties argue at length about the proper standard of
    review, with Appellants contending the statutory financing scheme is
    subject to strict scrutiny and Appellees arguing the more deferential
    rational basis standard applies. As we explain infra, it is unnecessary to
    decide this issue. Based on Appellants’ own allegations and admissions, as
    a matter of law, they lack an actionable claim under either the general and
    uniform clause or the equal protection clause. See, e.g., Salt River Pima-
    Maricopa Indian Cmty. 
    Sch., 200 Ariz. at 112
    , ¶ 
    13, 23 P.3d at 107
    (deeming it
    unnecessary to decide whether strict scrutiny or rational basis standard
    applied to charter school funding challenge when, as a matter of law,
    statutes did not infringe on challengers’ rights).
    II.     Background Regarding Charter Schools and District Schools
    ¶7            In 1994, the Arizona Legislature enacted laws governing the
    creation and maintenance of charter schools. See A.R.S. §§ 15-181 to -189;
    H.B. 2002, 41st Leg., 9th Spec. Sess., §§ 1-2 (Ariz. 1994). By statutory
    definition, charter schools are public schools. A.R.S. § 15-101(4). Charter
    schools are intended to offer “additional academic choices for parents and
    pupils” and to “serve as alternatives to traditional public schools.” A.R.S.
    § 15-181(A).
    3
    CRAVEN et al. v. HUPPENTHAL et al.
    Opinion of the Court
    ¶8            District schools and charter schools are regulated differently.
    As Appellants concede, charter schools “are freed from some of the
    administrative regulations imposed on district public schools.” See, e.g.,
    A.R.S. §§ 15-183(E)(3) (charter school curriculum may emphasize “a specific
    learning philosophy or style or certain subject areas.”), -183(E)(5)
    (exempting charter schools from statutes and rules governing district
    schools, including those regarding teacher hiring, management, and firing),
    -184(B) (charter schools give enrollment preference to siblings of existing
    students), -184(G) (charter schools may limit admission to students in a
    given age group or grade level), -184(H) (charter schools may enroll
    students of a single gender).
    ¶9             In addition to being regulated differently, charter and district
    schools are funded differently. They receive the same base support level
    funding. See A.R.S. §§ 15-185(B)(4), -901(B)(2), -943. But district schools
    receive state funding for constructing school facilities, while charter schools
    do not. A.R.S. § 15-2041. District schools may receive additional funding
    through budget overrides and bonds, whereas charter schools lack that
    option. A.R.S. § 15-185(B)(6), -481, -491(A)(3). Charter schools, however,
    receive additional funding known as “equalization assistance” on a per-
    student basis. A.R.S. § 15-185(B)(4). Charter schools may also accept grants
    and gifts to supplement state funding. A.R.S. § 15-185(D). Additionally,
    charter schools owned by nonprofit organizations may receive funds
    obtained through issuance of educational facility bonds by Industrial
    Development Authorities. See A.R.S. §§ 35-701(8)(a)(xii), -721. Charter
    schools are also entitled to proceeds from a stimulus fund for start-up costs
    and costs associated with renovating or remodeling buildings and
    structures. A.R.S. § 15-188.
    III.      General and Uniform Clause
    ¶10            The general and uniform clause of the Arizona Constitution
    states, in relevant part:
    The legislature shall enact such laws as shall provide for the
    establishment and maintenance of a general and uniform
    public school system, which system shall include: 1.
    Kindergarten schools. 2. Common schools. 3. High schools. 4.
    Normal schools. 5. Industrial schools. 6. Universities . . . .
    Ariz. Const. art. XI, § 1.A.
    ¶11           The general and uniform requirement “applies only to the
    state’s constitutional obligation to fund a public school system that is
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    CRAVEN et al. v. HUPPENTHAL et al.
    Opinion of the Court
    adequate.” Hull v. Albrecht, 
    190 Ariz. 520
    , 524, 
    950 P.2d 1141
    , 1145 (1997).
    Appellants here admit that their children are receiving adequate educations
    at their respective charter schools. Indeed, various Appellants testified that
    their children receive “quality academics,” “an exceptional education” that
    “meets or exceeds all state standards,” and a “happy, productive learning
    environment” with no academic concerns.
    ¶12            Appellants urge us to disregard the statement in Hull that the
    general and uniform clause mandates only that the state “fund a public
    school system that is adequate,” 
    id., and to
    instead rely on language from a
    footnote in Roosevelt Elementary Sch. Dist. No. 66 v. Bishop, 
    179 Ariz. 233
    , 
    877 P.2d 806
    (1994) (“Roosevelt I”), with which only two justices agreed.2 The
    Roosevelt I footnote suggests that adequacy of education does not defeat a
    claim under the general and uniform clause. 
    Id. at 241
    n.7, 877 P.2d at 814
    
    n.7.
    ¶13           We are constrained by decisions of the Arizona Supreme
    Court and may not overrule, modify, or disregard them. State v. Sullivan,
    
    205 Ariz. 285
    , 288, ¶ 15, 
    69 P.3d 1006
    , 1009 (App. 2003). The most recent
    interpretation of the general and uniform clause in the relevant context is
    Hull – a decision joined in by four of five justices. Moreover, Hull is
    consistent with other appellate pronouncements that the legislature’s duty
    is to fund a public school education that is adequate. See, e.g., Roosevelt 
    I, 179 Ariz. at 246
    , 877 P.2d at 819 (“The [general and uniform] clause was
    intended to guarantee not the unattainable result – equal education – but
    an equal opportunity for each child to obtain the basic, minimum education
    that the state would prescribe for public school students.”) (Feldman, J.,
    concurring) (original emphasis); Shofstall v. Hollins, 
    110 Ariz. 88
    , 90, 
    515 P.2d 590
    , 592 (1973) (“The [Arizona] constitution, by its provisions, assures to
    every child a basic education.”); Roosevelt 
    II, 205 Ariz. at 263-65
    , ¶¶ 26, 
    32, 74 P.3d at 589-91
    (general and uniform clause requires state to fund public
    school system that is adequate).
    ¶14          Because Appellants admit their children are receiving
    adequate, free public educations, the superior court properly dismissed
    2       Roosevelt I was decided by a plurality of the court. Although Justice
    Feldman concurred in the result, he could “not go so far as to conclude that
    even if every child in the state were receiving an ‘adequate education, gross
    facility disparities’ resulting from a state-imposed financing scheme ‘would
    violate the uniformity clause.’” Roosevelt 
    I, 179 Ariz. at 249
    , 877 P.2d at 822.
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    CRAVEN et al. v. HUPPENTHAL et al.
    Opinion of the Court
    their claims based on the general and uniform clause of the state
    constitution.
    IV.      Equal Protection
    ¶15            The equal protection clause of the Arizona Constitution
    provides:
    No law shall be enacted granting to any citizen, class of
    citizens, or corporation other than municipal, privileges or
    immunities which, upon the same terms, shall not equally
    belong to all citizens or corporations.
    Ariz. Const. art. II, § 13.
    ¶16            Equal protection guarantees are satisfied “if all persons in a
    class are treated alike.” Ariz. State Tax Comm’n v. Frank Harmonson Co. Metal
    Prods., 
    63 Ariz. 452
    , 459, 
    163 P.2d 667
    , 670 (1945); see also Salt River Pima-
    Maricopa Indian Comty. 
    Sch., 200 Ariz. at 111
    , ¶ 
    9, 23 P.3d at 106
    (equal
    protection requires state to “afford equal treatment to persons similarly
    situated”). The equal protection clause does not prohibit all inequality of
    treatment, “but only require[s] that all persons in a given class be treated
    equally.” Shelby Sch. v. Ariz. State Bd. of Educ., 
    192 Ariz. 156
    , 169, ¶ 65, 
    962 P.2d 230
    , 243 (App. 1998).
    ¶17             The threshold question is whether Appellants’ children have
    been treated unequally when compared to other members of their class. See
    Aegis of Ariz., L.L.C. v. Town of Marana, 
    206 Ariz. 557
    , 570, ¶ 54, 
    81 P.3d 1016
    ,
    1029 (App. 2003) (party asserting equal protection violation must first
    demonstrate treatment different from others in similarly situated class).
    Unless that question is answered affirmatively, it is unnecessary to decide
    whether disparate treatment in this context would be subject to strict
    scrutiny or rational basis review.
    ¶18            Appellants allege that “Arizona’s public district school
    students and its public charter school students are similarly situated
    members of a single class -- Arizona public school students.” Appellants,
    though, have not demonstrated unequal treatment in comparison to other
    members of this “single class.” Appellants concede their children’s
    attendance at charter schools is “completely voluntary and optional” and
    that they may enroll in district schools at any time. Appellants do not allege
    their district schools are inadequate, such that choosing a charter school
    was necessary to ensure an adequate education for their children. In sum,
    Appellants have failed to satisfy the threshold requirement of establishing
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    CRAVEN et al. v. HUPPENTHAL et al.
    Opinion of the Court
    they have been treated differently from other members of their class, all of
    whom may choose to attend district schools or charter schools, among other
    options.3
    ¶19          Other courts have rejected similar equal protection challenges
    asserted by charter school students. In J.D. ex rel. Scipio-Derrick v. Davy, 
    2 A.3d 387
    , 397-98 (N.J. Super. Ct. App. Div. 2010), the court stated:
    In assessing a state equal protection claim, we must first
    identify the nature of the affected right. That right is to
    receive a thorough and efficient education. Unlike the
    students involved in the Robinson [v. Cahill, 
    303 A.2d 273
    (N.J.
    1973), reh’g granted, 
    351 A.2d 713
    (N.J. 1975)] and Abbott [v.
    Burke, 
    495 A.2d 376
    (N.J. 1985)] cases, who, by virtue of their
    residence, were required to attend specific public schools in
    their district, plaintiffs’ enrollment in their charter schools is
    completely voluntary. They can withdraw at any time and
    enroll in the traditional public schools in Newark which are
    receiving the full funding which they seek for their charter
    schools.
    ....
    The voluntariness of the program vitiates any asserted
    deprivation of a right to receive an education at a school that
    is fully funded to the same extent as other Newark public
    schools when charter school students have the unabridged
    3      Appellants conceded in the superior court that “public charter schools
    and public district schools are not similarly situated.” They stress that this
    litigation is “about the treatment of public charter school students and
    public district school students,” making distinctions between the two types
    of schools “entirely irrelevant” (original emphasis). But in both the charter
    and district school context, it is the schools that receive funding, not the
    students. In this respect, Appellants’ children are once again treated the
    same as their district school counterparts. Counsel further clarified at oral
    argument before the superior court that Appellants “aren’t here claiming
    that there is a fundamental right to education funding,” but are instead
    pressing their constitutional right to an education. As 
    discussed supra
    ,
    Appellants’ children have not been deprived of their constitutional right to
    an adequate education.
    7
    CRAVEN et al. v. HUPPENTHAL et al.
    Opinion of the Court
    option of attending one of those traditional public schools in
    their district.
    ¶20            We agree with the New Jersey court’s analysis, which applies
    with equal force to the relevant provisions of the Arizona Constitution.
    Appellants’ children have available to them the same rights and privileges
    as other members of their class. At any time, they may choose to attend
    district schools that receive the funding they deem more desirable. As pled
    by Appellants, their children have not been treated unequally as a matter
    of law. Because Appellants have not established the requisite disparate
    treatment, we need not decide whether proven inequality would trigger
    strict scrutiny or rational basis review.
    CONCLUSION
    ¶21          We affirm the superior court’s grant of summary judgment to
    Appellees. We deny Appellants’ request for attorneys’ fees and costs
    because they have not prevailed. We award Appellees their taxable costs
    on appeal upon compliance with ARCAP 21.
    :jt
    8