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Independence, MO —
A Jackson County judge has delayed the trial on how to handle school transfers from the unaccredited Kansas City School District to other suburban districts.
Judge Brent Powell granted the delay during a routine pre-trial conference this week. The trial was to have started June 25, but has now been set for Aug. 6, about one week before the start of the 2012-13 school year. The delay will allow the state’s attorney to do some further research and look at a study that was done in May. The study, conducted by the suburban school districts, looked at how many students would move from Kansas City to other districts and the financial impact of those moves.
“This (decision) really has no impact on us,” said Independence Superintendent Jim Hinson. “We have no objections to the judge’s decision (to push the trial back).”
The legal issues between Kansas City and the five suburban school districts started late last year after suburban districts filed a lawsuit against the Kansas City School District, which lost its accreditation in January. The lawsuit, which includes both the Independence and Blue Springs school districts, 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.
Hinson said he does not have a feeling for what Powell will decide. 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. Accredited school districts have long predicted dire financial consequences if the law is allowed to stand.
“Our desired outcome is that the law is declared a violation of the Hancock Amendment (which limits fees and tax revenues in the state),” Hinson said. “Our issue is not that kids can transfer or cannot transfer. Our issue is that if they are able to transfer it cannot be on the shoulders of the Independence School District. Kansas City or the state has to step up and pay the full cost.”
A Jackson County judge has delayed the trial on how to handle school transfers from the unaccredited Kansas City School District to other suburban districts.
Judge Brent Powell granted the delay during a routine pre-trial conference this week. The trial was to have started June 25, but has now been set for Aug. 6, about one week before the start of the 2012-13 school year. The delay will allow the state’s attorney to do some further research and look at a study that was done in May. The study, conducted by the suburban school districts, looked at how many students would move from Kansas City to other districts and the financial impact of those moves.
“This (decision) really has no impact on us,” said Independence Superintendent Jim Hinson. “We have no objections to the judge’s decision (to push the trial back).”
The legal issues between Kansas City and the five suburban school districts started late last year after suburban districts filed a lawsuit against the Kansas City School District, which lost its accreditation in January. The lawsuit, which includes both the Independence and Blue Springs school districts, 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.
Hinson said he does not have a feeling for what Powell will decide. 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. Accredited school districts have long predicted dire financial consequences if the law is allowed to stand.
“Our desired outcome is that the law is declared a violation of the Hancock Amendment (which limits fees and tax revenues in the state),” Hinson said. “Our issue is not that kids can transfer or cannot transfer. Our issue is that if they are able to transfer it cannot be on the shoulders of the Independence School District. Kansas City or the state has to step up and pay the full cost.”
