MDN.ORG:
Missouri Digital News
MDN.ORG
Mo. Digital News
Missouri Digital News
MDN.ORG:
Mo. Digital News
MDN.ORG:
Missouri Digital News
MDN.ORG:
Missouri Digital News
MDN.ORG
Mo. Digital News
Missouri Digital News
MDN.ORG:
Mo. Digital News
MDN.ORG:
Missouri Digital News
JEFFERSON CITY - Attorney General Jay Nixon will have 15 days to ultimately decide whether Missouri's school foundation formula meets a constitutional requirement to provide equal and adequate funds to the state's public school students.
After a court hearing in Cole County Circuit Court on Thursday, Judge Richard Callahan decided to delay the case that has over 250 school districts across the state suing for equal and adequate public school funding.
"I don't see it as being an impediment," said Alex Bartlett, the attorney representing the Committe for Educational Equality (CEE) , the primary plaintiff in the lawsuit.
The motion to delay the case from going to court was originally put forward by the attorney general's office in early November. With a newly elected Republican governor and a majority Republican General Assembly, Nixon said the legislature should have a chance to rewrite the formula before it's constitutionality is decided by a court.
"I think it's a very wise decision by Judge Callahan to kind of put it in the party's hands to a certain extent and yet give the state the relief they requested," said Audrey McIntosh, an attorney representing the Coalition to Fund Excellent Schools.
During the hearing, McIntosh said the Missouri Department of Elementary and Secondary Education had requested $900 million to fund the current school foundation formula.
"I am pleased that this provides and opportunity for us to all move forward in a shorter period of time," said Phyllis Chase, Columbia school superintendent and second ranking member on the CEE board.
The school foundation formula is the state's funding device for Missouri's public schools. A discrepancy of $9,000 in per-pupil spending exists between the highest and lowest school districts in the state according to a 2003 report from the state auditor's office.
Upon hearing from the plaintiffs that strong motivation from the court will be necessary to move the school funding formula forward in the General Assembly, Judge Callahan said, "I don't think the legislative branch reposnds to hammers very well."
Ten minutes after hearing arguments, Callahan issued a written decision.
"...it is in the best interest to allow the General Assembly and Governor the opportunity to exercise their constitutional authority to enact new legislation and appropriate state funds for public education," Callahan wrote in his decision.
James McAdams, an attorney with the office of the attorney general, described an "absence of antagonism" in the legislature which he said would facilitate the crafting of a new formula.
"I think our goal is to save taxpayer money that is being spent on attorneys for both sides while the General Assembly moves forward with a solution," said Scott Holste, spokesman for the attorney general's office. "We trus that the General Assembly is going to go forward wuth what they said they were going to do, which is to work on the foundation formula this session."