"Capped" School Districts Threaten Federal Lawsuit If Lawmakers Don't Act

May 30, 2019

A group of school districts that aren’t getting the money they say the state’s school funding formula calculates they should get are threatening a federal lawsuit if the issue isn’t resolved.

166 districts are said to be on the cap – meaning the formula says they should get more money than they do because the state has capped their total dollars.

Delaware City Schools superintendent Paul Craft told Senators on the Finance Committee that students in districts that are fully funded and those guaranteed to get what they got last year are getting more money that those in districts on the cap.

“These three students in three similarly situated districts are obviously not receiving that equal protection of the law. And that would be the basis of our lawsuit. I don’t want to do that.”

Craft says lawmakers can avoid a lawsuit that by getting rid of caps in the formula, or by what he calls meaningful changes.