Decades-old lawsuit takes latest legal hurdle in court battle over more public funding

BALTIMORE -- A decades-old Baltimore lawsuit is going through its latest legal hurdle.

First filed in 1994, the Bradford v. Maryland State Board of Education from the start aimed to bring more public funding to Baltimore City Public Schools.

Civil rights lawyers argued in the state appellate court Monday to overturn the state circuit court's decision from March 2023. In a summary judgment, the court agreed the state is doing enough to fund BCPS.

The state Supreme Court declined to hear the case in October 2023.

Joe Wong, senior counsel with NAACP Legal Defense Fund -- one of the organizations representing the plaintiffs -- said they believe they have a chance with the appellate court.

"We are confident that the law is clear: that students are owed more than dilapidated school buildings and consistent underfunding," Wong said outside of appellate court. "We look forward to the appellate court's ruling."

The ACLU of Maryland and the law firm BakerHostetler are also representing the plaintiffs in the case.

When originally filed, the Bradford case argued the state wasn't giving enough to Baltimore City Public Schools, thus violating students' constitutional right to an adequate education.

The lawsuit cited low test scores, absenteeism and other factors as proof.

For years, as parents continued to complain, the courts agreed the state could do more and it even resulted in the state entering in a consent decree.

However, last year's circuit court decision deemed the state to be doing its part.

Wong said the school buildings' conditions are enough to show more funding is needed.

"Baltimore City school children today are facing the same problems they were facing almost 30 years ago. They're facing attending school in crumbling buildings that are well past their expiration date," Wong said.

The Maryland Attorney General's Office said in a statement to WJZ that it will continue to represent the state on this case.

"We also acknowledge and applaud the Maryland General Assembly and Governor Moore in their efforts to ensure every student in Maryland receives a valuable education that will help them succeed," the statement reads.

It's not clear exactly when the appellate court will issue a ruling on this case.