Sentences with phrase «under the state constitution»

One basis for the challenge is the scope of the commission's power under the state constitution.

A county judge there ruled last week that the reimbursement plan approved by the nine - member school board last year is illegal under the state constitution.

The state's highest court this month ruled against a coalition of poor rural districts, which claimed that significant differences between rich and poor jurisdictions violated the right to an education under the state constitution.

Reed is also less troublesome to Lindseth to the extent that the court's decision was based on students» equal protection rights under the state constitution rather than on the guarantee of an adequate education.

Public pensions in New York are guaranteed under the state constitution even against criminal convictions.

Currently, the Florida Education Association is challenging the constitutionality of the state's scholarship tax credit law under the state constitution's Blaine Amendment and other provisions, which has the potential to impact the ESA law.

We will abandon the Establishment Clause, and continue to challenge voucher and choice programs under state constitutions on whatever grounds are available to us from lofty principles such as church / state separation, to Mickey Mouse procedural issues like the single - subject rule.»

Alaska's Supreme Court had exercised its acknowledged power to rule with finality on issues raised under the state constitution.

(2) aliens are authorized to vote for such other purpose under a State constitution or statute or a local ordinance; and

Schneiderman says the companies are akin to online poker, and constitute illegal gambling under the state constitution.

Cuomo has the ability as governor under the state constitution to grant pardons.

Bellone said that if Spota does not step down, he will call on Governor Andrew Cuomo to exercise his authority under the state constitution to remove him from office.

One person briefed on the meeting said Cuomo threatened to remove sheriffs from office, a little - used power afforded the state's chief executive under the state constitution.

A new report from the group shows that the state still owes $ 4.8 billion to schools across New York State — including $ 2 billion to New York City schools alone — 10 years after the state's highest court ruled that the state was failing to provide students with the classroom resources necessary to meet its obligation under the state constitution to provide all students with a «sound, basic education.»

Kentucky must equalize spending among school districts, revise its tax system, and significantly boost its share of school revenues if it is to fulfill its obligation to children under the state constitution, an advisory committee appointed by a state trial judge has concluded.

At issue is whether the finance system, which uses a combination of locally generated tax revenue and state money, passes muster under the state constitution.

In 2002, as the Supreme Court decided the constitutionality of publicly funded voucher programs in Zelman v. Simmons - Harris, Robert Chanin, then the general counsel for the National Education Association, said that regardless of the Court's decision, voucher opponents would have many options under state constitutions.

However, state courts are free to adopt a different understanding under their state constitutions and New Hampshire does not have precedent that clearly favors one interpretation over another.

Using state resources to offset disparities in property tax bases may meet a legal definition of equal access under state constitutions, but the LaFortune et al. findings raise questions about this strategy for promoting more equal outcomes.

Still, the temporary MCEE took all of the two years it was allowed to exist under the state constitution and returned with an extensive 157 - page report (with appendixes) that represented 18 months of research from Ball and five MCEE colleagues.

Each state sets its own laws governing teacher tenure, dismissal and layoff policies, and the rights the students assert are given under the state constitution, so similar efforts will come in state courts.

The Court held that Washington could justify this exclusion as a way to avoid an unconstitutional establishment of religion under the state Constitution.

Finally, a Florida appellate court ruled against that state's Opportunity Scholarship Program on Blaine Amendment grounds, but on appeal the Florida Supreme Court failed to reach the issue, instead striking the program down under the state constitution's «uniformity» provision for education.

Student - on - student bullying may also trigger a school district's responsibilities under state constitutions.

A Public School Academy is a state - supported public school under the State Constitution, operating under a charter contract issued by a public authorizing body.

Meanwhile, a trial just wrapped up in state court in Hartford in a lawsuit accusing the state of underfunding low - performing neighborhood schools and asking the court to set a standard for educational quality required under the state constitution.

In April 2016, The Nature Conservancy conveyed the 20 -758-acre parcel to the people of New York State to be protected as Forever Wild under the state constitution.

Smith has asked a federal district court in Nashville to certify the trial - by - jury question under the state constitution to the Tennessee Supreme Court, which will decide that constitutional law question while the rest of the case remains in federal court.

Gov. Cooper challenged a law requiring Senate confirmation of his cabinet appointments under the state constitution.

It is highly unlikely that such a lawsuit would prevail, because «fake news» probably doesn't constitute libel per se, because the comment could be construed as hyperbole or as a statement of opinion (neither of which are actionable), and even potentially, because a «speech and debate clause» defense under the state constitution might apply (depending upon the context in which the statement was made by the politician).

See, e.g., C. Antieau, p. Carroll, & T. Burke, Religion Under the State Constitutions 122 (1965):

State courts have lost their voices under the Federal Constitution and they have fallen out of practice speaking under their state constitutions.

The statute setting a $ 250,000 limit on punitive damages awards violated the right to jury trial under the State Constitution.

«We should not leave the schoolchildren of California to wonder whether their fundamental right to education under our state Constitution has real content or is simply hortatory.»

Reed v State of California is a class action lawsuit against the State of California and Los Angeles Unified School District (LAUSD) seeking to enjoin budget - based layoffs at three Los Angeles middle schools because they denied students their fundamental right under the state constitution to equal educational opportunity.

First in his original budget, and then in the 30 - day amendments released last Friday, Cuomo placed controversial ethics and education reforms in appropriations bills, over which the Legislature is afforded very little power under the state Constitution.

I can't cite chapter and verse, but it's my understanding that a state pension is guaranteed under the State Constitution.

Currently, the Florida Education Association is challenging the constitutionality of the state's nascent ESA law under the state constitution's Blaine Amendment and other provisions.

The assemblyman agrees with the AG's interpretation that what FanDuel and DraftKings offers is, in fact, gambling, and therefore illegal under the state Constitution, though they insist there is more skill than chance involved.

The Arizona Supreme Court also upheld the tax - credit program under the state constitution.

Under the state constitution, the Legislature picks a successor when there is a vacancy in the attorney general's office.

Under the state constitution, the legislature picks a successor when there is a vacancy in the Attorney General's office.

Under the state constitution, voters get a chance every 20 years to call for a constitutional convention.

(Under the state constitution, police pensions can not be withheld for criminal conduct or otherwise involuntarily garnisheed).

Under the state constitution, should Mr. Spitzer resign, Mr. Paterson, the lieutenant governor would serve the remainder of the Governor's term.

Under the state Constitution, a defined - benefit pension is absolutely guaranteed.