Trial begins in Missouri in suit challenging state’s public school financing scheme
Trial has begun in a Missouri state court in a suit brought by the Committee for Educational Equality (CEE) challenging the state’s public school financing scheme. CEE represents a coalition of over half the state’s school districts, which allege they are receiving an inadequate or inequitable share of state education funds, in violation of the state constitution. The lawsuit was filed in 2004 before the Missouri Legislature approved a new school funding plan. But the plaintiffs continue to claim school funding is inadequate and inequitable. Efforts by the Missouri Attorney General's office to have the suit thrown out have failed. In opening arguments, CEE contended state requirements for student achievement have produced "unfunded mandates." The group cited the so-called "Hancock" amendment to Missouri's constitution, which requires the state to pay for new responsibilities it assigns to local government. Missouri Assistant Attorney General Jim McAdams, speaking on behalf of the state, responded by criticizing the school districts for "cloaking desired policy changes behind weak assertions of constitutional infirmities." St. Louis City Schools also has intervened in the case on behalf of the plaintiffs. "The issue isn’t one of spending as much as it is one of cost," says city school attorney Ken Brostron, noting that issues inner city children face are often more costly to address in order for students to reach their potential. The Coalition to Fund Excellent Schools (CFES), a group of 26 suburban school districts, also has intervened in the suit. Addressing the court, CFES attorney Jim Owen said, "[W]e think if a district raises money on its own that money shouldn’t be taken from that district and given to another." He and co-counsel Audrey McIntosh also questioned the validity of most of the property assessments across Missouri, citing a report the groups commissioned from a state university. They said invalid assessments create an unfair situation among taxpayers within the same taxing jurisdictions. Mr. McAdams asserted the plaintiffs have failed to put a price tag on their demands. However, CEE lead attorney Alex Bartlett contended the state should help finance new school buildings as well as programming. "The bottom line is that school districts, be they large or small, are hurting," he said.
My Fox St. Louis
By Betsey Bruce
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Springfield News-Leader
By Kelly Wiese (AP)
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[Editor’s Note: For background on the case and an overview of the history of school funding litigation in Missouri, see the earlier Legal Clips summary and the site of the National Access Network, Teachers College, Columbia University, below.]
[NSBA School Law pages on Missouri finance suit]
[Access on Missouri litigation]