Arizona judge delays trial in fight over education funding

National News

A lawsuit over how much money Arizona’s lawmakers allocate for school maintenance, buses, textbooks and technology won’t go to trial next week, after a judge granted a request for a delay by the state’s incoming attorney general.

Democratic Attorney General Kris Mayes said her office needs time to determine whether some or all of the claims can be resolved without a trial.

The trial was set to begin Monday. Maricopa County Superior Court Judge Dewain Fox approved Mayes’ request Friday and scheduled a status hearing for March 17, the Arizona Republic reported.

A group of school districts and associations representing school officials and teachers sued the state in 2017. They argued that the Legislature had shorted them billions of dollars in capital funding for more than a decade.

The lawsuit sought a declaration that Arizona’s school funding scheme was unconstitutional because it violated the “uniform and general” clause of the state Constitution. The state Supreme Court ruled in 1994 that it is the state’s responsibility to provide cash for new schools, major maintenance and things like textbooks. The Legislature began cutting that spending during the Great Recession of 2007-2009.

Mayes has said in recent filings that the state will no longer argue that the capital funding system is beyond the purview of the courts or that districts need to prove that specific students didn’t receive an adequate education due to their school’s capital facilities.

Kim Martin, a spokesperson for the attorney general’s office, said Friday that the case has already cost the state millions of dollars and the hope is that an agreement can be reached with the plaintiffs.

Attorney Danny Adelman is executive director of the Arizona Center for Law in the Public Interest, which is helping litigate the case. He’s hopeful that incoming Democratic Gov. Katie Hobbs can address some of the concerns through executive actions.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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