SCHOOLS MAY CONSIDER FURTHER FORMULA ACTION

Although state legislators approved a bill last month designed to address a judge's ruling that the school foundation formula is unconstitutional, a number of school administrators who brought the suit say they doubt the bill complies with the judge's ruling.

The school administrators, therefore, say they may consider further legal action.

The original suit was filed by about 90 school districts. Cole County Circuit Judge Byron Kinder ruled earlier in the year that the formula was not equitable or adequate. In particular, the judge said there was too much discrepancy around the state in per-pupil expenditures.

The state has appealed the case to the Missouri Supreme Court. Arguments are scheduled for this fall.

Scott County Central Superintendent Ray Shoaf, who is on the executive board of the Committee on Equality, which filed the original suit, said a meeting of the board is planned for Friday to discuss whether further action should be taken.

"I met with a group of superintendents Wednesday, and some were involved in the first lawsuit and some were not," said Shoaf. "We were getting their feelings, and some of those in the first lawsuit feel like things are messed up again and we should proceed with some further legal action. I have also received a few calls from people not in the first lawsuit telling me they would like to join in."

Shoaf said he is looking forward to hearing what other board members have to say. "I have no idea how the others feel; I am just the Southeast Missouri executive committee member," said Shoaf. "I want to see how the rest of those feel."

Shoaf said as far as he is concerned, the bill is far from complying with the judge's decision. He said he supports consulting with attorneys about further legal action.

Said Shoaf: "There is no way it complies; I don't think it even comes close. I don't think they have equality or adequacy. I think they have missed on both counts. But, of course, that is just my opinion. But, if I have anything to do with it, it is a long way from being over."

Sikeston Superintendent Bob Buchanan said he also anticipates further legal action, either from the original group of school districts or a newly-formed group.

"There are so many schools in the southern part of Missouri that have low tax levies and are being penalized by this formula," said Buchanan. "This formula will generate new dollars to schools that have high tax levies. The state is saying, ~`Southern Missouri, you don't tax yourself enough.'"

Buchanan, whose school district joined in filing the challenge to the formula, said, "We hope the judge will review the adequacy and equity factors."

Buchanan said the Sikeston School District has an operating tax levy of $1.76 per $100 assessed valuation, which will go to $2 next fall to comply with legislation passed last year that raised the minimum local levy. In fall 1994, to comply with the recently-passed law, the levy will increase to $2.75.

He said the new formula is based on increased state funding when local funding is increased.

Shoaf said many school districts and legislators are starting to find out that late revisions in Senate Bill 380 actually reduced the amount of funding many schools anticipated.

"We were looking at one thing, and it was changing so quickly that what we got was much different than what we had been talking about three days before it passed," said Shoaf. "There were some late compromises that made some significant changes."

Shoaf said it's possible the kind of changes schools that filed the original lawsuit now believe are needed can be accomplished legislatively without further court action.

"I'm not sure which way we will go, but we can go to our lawyer and see what the options are," said Shoaf.