Supreme Court Grants Leave to Appeal in Case Challenging Constitutionality of Educational Funding System

The Illinois Supreme Court granted leave to appeal to the plaintiffs in Carr v. Koch on January 25, 2012.  As we reported previously on our website, in Carr, two taxpayers challenged the constitutionality of Section 18-8.05 of the School Code.  Section 18-8.05 provides for State funding that school districts may receive in order to guarantee a minimum level of per pupil financing.  The taxpayers argued that the funding system violated the equal protection clause of the Illinois Constitution by requiring taxpayers in low property value school districts to pay a higher tax rate than taxpayers owning similarly valued property in school districts with high property values. 

The Illinois appellate court held that the plaintiff's lacked standing to challenge the funding system.  According to the court, local school districts establish tax rates independently of the funding system set forth in Section 18-8.05 of the School Code.  Thus, the funding system had no direct effect on the plaintiffs' tax rates, and the plaintiffs could not show that they were actually injured by the defendants.  Without an injury traceable to the defendants' actions, the taxpayers lacked standing to challenge the funding system.  The plaintiffs requested that the Illinois Supreme Court review this decision.

By granting the taxpayers leave to appeal, the Illinois Supreme Court will review the appellate court's decision to determine whether the taxpayers have standing to challenge the funding system set forth in Section 18-8.05.  Even if the plaintiffs win their appeal, this case will likely not be resolved for some time because the taxpayers will have only cleared one procedural hurdle by establishing that they have standing.  They must still show that the funding system actually violates the equal protection clause of the Illinois Constitution.