LAWMAKERS: STATE CAN'T BORROW TO PAY FOR COSTS

Despite a federal appeals court ruling, Southeast Missouri lawmakers say Missouri's constitution won't allow the state to take out a loan to pay for Kansas City school desegregation costs.

"We can't do that," said state Rep. Dennis Ziegenhorn, D-Sikeston. "The constitution says we cannot deficit spend and as far as I'm concerned, when you borrow money, that is deficit spending."

State Rep. Mary Kasten, R-Cape Girardeau, agreed. "I'm skeptical about trying to get a loan. I think we are on uneasy ground that way.

"I'm leery about going out for some borrowed money," said Kasten. "I don't think a judge can order us to go borrow money."

State Rep. David Schwab, R-Jackson, pointed out: "We have to have a balanced budget each year. To borrow money would be the same as deficit spending, to me."

Of the federal appeals court ruling, Schwab said, "It sounds kind of typical to me of some of the court decisions spend the money, but don't worry where it comes from."

Said Schwab, "We just continue to spend more and more each year" on desegregation costs.

State Rep. Ollie Amick, D-Scott City, echoed the views of his fellow lawmakers. "How do you deficit spend when the constitution says you can't?" he asked.

It's likely, the lawmakers said, that $34.5 million in state aid for public schools will be cut in January.

"Unless the economy turns up, we are going to have to make the cuts," said Ziegenhorn.

Amick said he doesn't see any way around the cuts. "I don't know what schools will do if that happens."

Amick said he expects the federal appeals court ruling and the desegregation issue to be discussed this week in Jefferson City at meetings of a House committee on education and transportation appropriations. Amick serves on that committee.

The new cuts would follow $36.9 million in state funding cuts for higher education and other state agencies. That round of cuts came in October.

Both rounds were designed to pay for $71.4 million in added school desegregation costs ordered by a federal judge.

A federal appeals court last week ordered the state to seek a loan rather than cut its budget to pay for school desegregation costs.

For fiscal year 1992, the state is shelling out $358.7 million on federal court-ordered school desegregation in St. Louis and Kansas City. Since fiscal year 1981, the state has spent more than $1.22 billion. By the end of the 1992 fiscal year, the state will have spent more than $1.58 billion, state budget figures show.

"We have a federal mandate," said Ziegenhorn. "It's kind of like a kid running around here with a charge card; you don't know how it is going to end up."

Rebecca Cook, a Cape Girardeau attorney who serves on the State Board of Education, said she hopes some way is found to keep from cutting aid to Missouri's public schools.

But she said, "Even hoping for the loan might be a bit too optimistic."

Cook said the Board of Education decided late last month to look at formulating a state desegregation plan that would meet with court approval.

Cook said such a plan would also have to win legislative approval.

"The legislature has been whining about this (desegregation costs) for years, and admittedly so have the State Board of Education and educators all over the state. And none of us have tried to find a way to take it away from the courts," said Cook.

"We think now that enough legislators are upset about what they've seen take place that it would not be a waste of our time to try to formulate some type of plan," she said.

The state, through the Missouri attorney general's office, has repeatedly battled federal courts over desegregation and have lost, Cook said.

"The truth of the matter is, if we would all sit down and work a little harder, we might all find a way to get this taken care of," said Cook.

"I think the incredible gushing of financial blood in this thing has got to be stopped," she said.

"Admittedly, I don't think we can end desegregation, but I think we could take back the reins of power on the decisions that are made."

Diane Howard, a Cape Girardeau attorney who is handling a lawsuit challenging the diversion of state money from public schools to fund desegregation, said Monday she doesn't know what impact the federal appeals court ruling might have upon the state lawsuit and similar lawsuits brought by the Missouri State Teachers Association and the Missouri-National Education Association.

The lawsuit being handled by Howard was spearheaded by the Sikeston School District and involves more than 80 school districts.

As to the federal ruling, Howard said, "The court of appeals has said that the state should first attempt to use borrowing power before they can effectuate the cuts.

"The only answer that we know is that the school districts and the other educational institutions can't afford to pay for it (desegregation)," she said.