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Independence, MO —
Although the decision made in the case known as Turner v. Clayton has little impact on a similar court case on this side of the state, Independence Superintendent Jim Hinson is pleased with the St. Louis circuit court’s decision.
“This is definitely another unfunded state mandate and the (St. Louis) circuit court recognized that,” he said. “The judge was looking at the facts – the state mandated this transfer issue with no revenue source. We are seeing the judge’s decision as very positive.”
St. Louis Circuit Judge David Lee Vincent III handed down his ruling earlier this week on the issue that began more than two years ago in the St. Louis and Clayton school districts. In summer 2010, the Missouri Supreme Court ruled that students from unaccredited school districts must be allowed to transfer to accredited school districts, at the cost of the unaccredited school districts. The case was then sent back to the St. Louis circuit court so that the implementation issues could be worked out.
In his 16-page decision, Vincent said the state law is unconstitutional because it is essentially an unfunded mandate. His decision was in line with the opinions of both the Clayton and St. Louis school districts, which both predicted dire consequences if the law was allowed to stand. Unaccredited school districts believed that paying tuition and transportation costs would bankrupt them, and the suburban school districts feared that an influx of students into their school districts would create hardships for everyone by straining their resources.
School districts have also argued, including those on this side of the state, that the law violates Missouri’s Hancock Amendment. The amendment prohibits laws or other regulations that impose new costs on agencies such as school districts without any new revenue to implement those laws.
The decision will likely be appealed and sent back to the Missouri Supreme Court. However, it is similar to a case brought by several school districts in Eastern Jackson County late last year. Five suburban school districts, including Independence and Blue Springs, filed a lawsuit against the Kansas City School District, challenging its transfer policy. Kansas City lost its accreditation in January.
A portion of the policy states that Kansas City will only pay transportation costs for students who transfer to certain school districts. There are also disagreements about the amount of tuition and when the tuition will be made to the accepting school districts. The case is expected to go before the judge in June.
Although the decision made in the case known as Turner v. Clayton has little impact on a similar court case on this side of the state, Independence Superintendent Jim Hinson is pleased with the St. Louis circuit court’s decision.
“This is definitely another unfunded state mandate and the (St. Louis) circuit court recognized that,” he said. “The judge was looking at the facts – the state mandated this transfer issue with no revenue source. We are seeing the judge’s decision as very positive.”
St. Louis Circuit Judge David Lee Vincent III handed down his ruling earlier this week on the issue that began more than two years ago in the St. Louis and Clayton school districts. In summer 2010, the Missouri Supreme Court ruled that students from unaccredited school districts must be allowed to transfer to accredited school districts, at the cost of the unaccredited school districts. The case was then sent back to the St. Louis circuit court so that the implementation issues could be worked out.
In his 16-page decision, Vincent said the state law is unconstitutional because it is essentially an unfunded mandate. His decision was in line with the opinions of both the Clayton and St. Louis school districts, which both predicted dire consequences if the law was allowed to stand. Unaccredited school districts believed that paying tuition and transportation costs would bankrupt them, and the suburban school districts feared that an influx of students into their school districts would create hardships for everyone by straining their resources.
School districts have also argued, including those on this side of the state, that the law violates Missouri’s Hancock Amendment. The amendment prohibits laws or other regulations that impose new costs on agencies such as school districts without any new revenue to implement those laws.
The decision will likely be appealed and sent back to the Missouri Supreme Court. However, it is similar to a case brought by several school districts in Eastern Jackson County late last year. Five suburban school districts, including Independence and Blue Springs, filed a lawsuit against the Kansas City School District, challenging its transfer policy. Kansas City lost its accreditation in January.
A portion of the policy states that Kansas City will only pay transportation costs for students who transfer to certain school districts. There are also disagreements about the amount of tuition and when the tuition will be made to the accepting school districts. The case is expected to go before the judge in June.
“We don’t believe the St. Louis case has any bearing on our case. That was an issue in a different circuit court on the other side of the state,” Hinson said. “Ideally, the judge will rule in the same way and declare this law an unfunded mandate. That is what we want to see happen.”
Hinson said both sides will be allowed to present information and witnesses will be allowed to testify. He said he believes a decision will be made before the start of the 2012-13 school year, providing direction for both Kansas City and the suburban school districts.
“This is a bench trial, so the judge will make his decision based on the facts. It will come down to a matter of interpretation of what the law says,” Hinson said. “There will be similar arguments and claims made as in the St. Louis case, and I think we would all be happy with the same kind of decision.”
