In Re: Lindi Dwyer and Paul Dwyer, as Individuals and Parents of Jayda Dwyer, Joslyn Dwyer, Janes — Marquez, J…

Summary

Justice Marquez's dissent would hold that the plaintiffs pleaded sufficient facts to challenge the negative factor as violating the constitutional requirement for annual increases in statewide base per-pupil funding. The dissent reasons that the negative factor may mathematically cancel the required increases and that the majority improperly focuses on nominal increases to the base component while ignoring the formula's practical operation. The dissent would therefore discharge the rule to show cause and allow the claims to proceed to trial.