Parents, students join school funding lawsuit

JEFFERSON CITY, Mo. -- As a parent of two children in the East Carter County School District, Robert Eudaley of Ellisinore doesn't care about the bickering among state leaders concerning education funding.

He just wants his children to get the high level of educational opportunities that those leaders promise but in his view fail to deliver.

"My children are missing out on an education," Eudaley said. "They are suffering because of the decisions of others."

Eudaley's concerns prompted him to become one of the 53 Missouri parents and taxpayers to join 251 public school districts in suing the state on claims that it provides inadequate money for education that is unfairly distributed in violation of the Missouri Constitution. Through their parents, 45 Missouri students are also named as plaintiffs in the case.

The original lawsuit was filed in Cole County Circuit Court in January by the Committee for Educational Equality, a coalition of local school districts that includes 49 from Southeast Missouri. The coalition districts represent more than 360,000 students in 88 of Missouri's 114 counties. The amended suit -- including parents and private individuals -- was filed earlier this month.

The plaintiffs are seeking a court order forcing the Missouri Legislature to overhaul the formula for allocating state funds to Missouri's 524 public school systems and to provide a level of funding sufficient to meet the needs of students.

Because state revenue collections aren't keeping pace with the natural growth built into the formula, another $715 million would be needed to achieve full funding for the budget year that begins July 1. When the formula is underfunded, districts that rely more heavily on state money disproportionately suffer.

As was the case with a similar lawsuit that prompted a 1993 rewrite of the education funding formula, it could be years before the court issues a ruling. No hearing has yet been set in the matter.

Bill of Rights violation

In the court petition he filed on behalf of all the plaintiffs, attorney Alex Bartlett of Jefferson City argues that the disparity violates the section of the state constitution's Bill of Rights that provides all people with "equal rights and opportunity under the law."

"The fortuitous residence of their parents, rather than their individual abilities, efforts, or aspirations, controls the quality of education these children can receive," Bartlett wrote.

In addition to challenging how Missouri allocates slices of the education funding pie, the amended lawsuit expands on claims that the pie is unconstitutionally too small.

The constitution requires the legislature to set aside at least 25 percent of state revenue for public schools.

Lawmakers have traditionally assumed that provision refers to discretionary general revenue. This year's general revenue appropriation to the Department of Elementary and Secondary Education of $2.46 billion is 36.3 percent of total appropriations from that source.

However, the Missouri Supreme Court has never defined the meaning of "state revenue" in its constitutional context.

In its initial written response to the lawsuit, the state merely denies most of the plaintiffs' allegations without going into detail. However, assistant attorney general Paul Maguffee says the court has no jurisdiction to question legitimate policy decisions made by the legislature concerning the adequacy and equity of education funding.

mpowers@semissourian.com

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