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Independence, MO —
A judge’s decision on the Kansas City student transfer lawsuit has pleased three area school districts, while leaving the other two surprised.
Judge E. Brent Powell ruled Thursday that the state statute allowing students to transfer from an unaccredited school district to an adjoining, accredited district is unconstitutional. But he said that applies only to the Independence, North Kansas City and Lee’s Summit districts. Powell said the statute would force those districts to “incur increased costs.” His ruling means these districts are not required to accept transfer students at this time. However, Powell did not find that to be the case for Blue Springs and Raytown.
“I think this is very beneficial to the patrons of the Independence School District,” Independence Superintendent Jim Hinson said. “He (Powell) found that the Hancock Amendment has been violated, preventing students from transferring from the Kansas City School District.”
Even though the five districts presented a united front throughout the two-day trial, Powell ruled that the Blue Springs and Raytown districts would not be financially harmed. Using a calculation to determine the full cost of implementing the mandate, Powell found that Blue Springs and Raytown would not incur additional costs.
“I am surprised and disappointed in the judge’s decision,” Blue Springs Superintendent Paul Kinder said. “Because we have been good stewards with our patrons’ money, it is now coming back to bite us.”
Kinder said, at least on the part of Blue Springs, the judgment was made because the district’s cost per pupil is $8,446, the lowest among the five school districts.
“We have always tried to provide the best quality education for the lowest price,” he said. “In order for us to take in these students, we would have to add numerous mobile units because we have less capacity (in our buildings).”
The legal issues between Kansas City and the suburban school districts started late last year after the suburban districts filed a lawsuit against the Kansas City School District, which lost its accreditation in January. The lawsuit challenges Kansas City’s transfer policy. Among the issues the suburban districts have with the policy is the amount of tuition and when the tuition payments would be paid and transportation costs.
During the trial, attorneys for the five school districts presented evidence showing that accepting the Kansas City students would have a detrimental impact financially. Results from a study conducted earlier this summer also revealed that a projected 7,750 students could transfer out of the Kansas City School District, almost half of the district’s population.
A judge’s decision on the Kansas City student transfer lawsuit has pleased three area school districts, while leaving the other two surprised.
Judge E. Brent Powell ruled Thursday that the state statute allowing students to transfer from an unaccredited school district to an adjoining, accredited district is unconstitutional. But he said that applies only to the Independence, North Kansas City and Lee’s Summit districts. Powell said the statute would force those districts to “incur increased costs.” His ruling means these districts are not required to accept transfer students at this time. However, Powell did not find that to be the case for Blue Springs and Raytown.
“I think this is very beneficial to the patrons of the Independence School District,” Independence Superintendent Jim Hinson said. “He (Powell) found that the Hancock Amendment has been violated, preventing students from transferring from the Kansas City School District.”
Even though the five districts presented a united front throughout the two-day trial, Powell ruled that the Blue Springs and Raytown districts would not be financially harmed. Using a calculation to determine the full cost of implementing the mandate, Powell found that Blue Springs and Raytown would not incur additional costs.
“I am surprised and disappointed in the judge’s decision,” Blue Springs Superintendent Paul Kinder said. “Because we have been good stewards with our patrons’ money, it is now coming back to bite us.”
Kinder said, at least on the part of Blue Springs, the judgment was made because the district’s cost per pupil is $8,446, the lowest among the five school districts.
“We have always tried to provide the best quality education for the lowest price,” he said. “In order for us to take in these students, we would have to add numerous mobile units because we have less capacity (in our buildings).”
The legal issues between Kansas City and the suburban school districts started late last year after the suburban districts filed a lawsuit against the Kansas City School District, which lost its accreditation in January. The lawsuit challenges Kansas City’s transfer policy. Among the issues the suburban districts have with the policy is the amount of tuition and when the tuition payments would be paid and transportation costs.
During the trial, attorneys for the five school districts presented evidence showing that accepting the Kansas City students would have a detrimental impact financially. Results from a study conducted earlier this summer also revealed that a projected 7,750 students could transfer out of the Kansas City School District, almost half of the district’s population.
Attorneys for the state said the numbers were exaggerated and the findings were merely projections.
A St. Louis Circuit Judge ruled in May on a similar case known as Turner v. Clayton. In that decision, the judge said the state law allowing students from unaccredited school districts to transfer to an accredited school district is unconstitutional because it is an unfunded mandate. The state of Missouri has already appealed that ruling.
Powell cautioned in his ruling that “issues associated with the transfer of students remain unresolved.” He said the ruling will “undoubtedly be appealed” and “considering the myriad of evidentiary and legal issues involved in this opinion, the court’s ruling could very likely be reversed and/or significantly altered.”
Kinder said that although it appears that Blue Springs and Raytown could be forced to accept transfer students sometime in the future, he too expects appeals to be filed. That means once again, transfers will be put on hold.
If transfers were to be allowed, both Blue Springs and Raytown have board of education policies in place that require tuition payments up front from Kansas City. Kansas City has said they will only pay tuition on a monthly basis.
“Under the court’s ruling, we don’t meet the Hancock Amendment’s threshold, but as the judge said, Blue Springs and Raytown are a moving target,” Kinder said. “If we had spent $2 more per student last year, we would have been above that threshold. Every year, the per pupil cost changes, so there could definitely be some changes.”
Hinson said it is important to remember who is at the center of these legal issues – the children.
“We are talking about what is constitutional, but I think some are forgetting what these conversations are really about and that is the kids,” he said. “The judge gave his ruling, but in the meantime, what is happening to these kids in Kansas City and any unaccredited school district?”
