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Maricopa County Superior Court To Decide Fate Of Prop 208

A Maricopa County Superior Court judge will decide the fate of Prop 208, also known as Invest in Ed, the new law passed last month that taxes the rich to fund schools.

One argument from challengers is that the state constitution imposes an "aggregate expenditure limitation'' on schools. 

Attorney Andy Gaona representing Invest in Ed. He says there is no evidence that any constitutional limitation will be reached. And due to COVID, the state is now giving less money to schools. 

“The funds will be collected. The funds will be there. And if and when the expenditure cap ever becomes a problem, and there's certainly no evidence of that today before the court, the predictable and common-sense approach for legislators from both parties will be to come together to approve spending above the expenditure cap," Gaona said. 

Gaona also argued the money raised will be for grants, and grants don’t have any caps.

Challengers disagree that the money should be considered grants. There is no indication when the judge will rule.

Jill Ryan joined KJZZ in 2020 as a morning reporter, and she is currently a field correspondent and Morning Edition producer.