In Re: Lindi Dwyer and Paul Dwyer, as Individuals and Parents of Jayda Dwyer, Joslyn Dwyer, Janesha Dwyer, And…

Summary

The court held that the negative factor does not violate Amendment 23 because the amendment requires annual increases only to the statutorily defined statewide base per pupil funding variable, not to total per pupil funding. Applying the plain meaning of the amendment, the court concluded that the negative factor reduces factor funding while preserving the required base amount, so the complaint failed to state a claim. Justice Marquez, joined by Justices Hood and Gabriel, dissented, arguing that the negative factor effectively nullifies the required increases and that the complaint should have proceeded beyond dismissal.