Facing a school funding lawsuit from the city of Dover, the attorney general's office is not defending the law that caps how much state money growing school districts can receive each year.
The decision puts the executive branch at odds with Republican legislative leaders, and House Speaker Shawn Jasper and Senate President Chuck Morse are intervening in the case.
The state pays school districts on a per student basis but caps what districts can receive relative to the year before. Dover, a growing district, says the cap means it's not getting all of the money it's owed per student. The city wants the cap declared unconstitutional and is seeking $14 million in back payments.
The attorney general's office and the Legislature will both argue against the back payments.