Schools considering return to court

By IR State Bureau - 01/23/08

The coalition of school districts and others that successfully sued the state over public-school funding in 2003 is considering whether to go back to court, a member of the coalition said Tuesday.

However, even if the courts came down in the schools’ favor again, the final solution on funding still rests with state policymakers, said Helena Superintendent of Schools Bruce Messinger.

“Where it gets resolved isn’t in the courtroom,” he said. “Where it gets resolved is the chamber of the Legislature. We understand that.”

The schools won their lawsuit in April 2004 and had the decision upheld by the Montana Supreme Court, which said the state had failed its constitutional duty to adequately fund schools.

Since then, two successive Legislatures have increased state funding for schools by about 25 percent over four years.

Still, schools say the state hasn’t responded entirely to the judge’s initial order, which said the state must define a “quality education,” determine its cost and design how to pay for it, with help from local property-tax payers.

Messinger noted that the lawsuit is still before Helena District Judge Jeffrey Sherlock, who had it returned to his jurisdiction from the Supreme Court.

“The court fits into this somewhere,” he said. “Sometimes you need a nudge, and the court gives you a nudge sometimes.”

The Schweitzer administration believes it has met the court’s requirements by approving a funding formula that offers “sustainable” funds based on “educationally relevant factors,” said Jan Lombardi, education policy adviser for the governor.

Actions since 2005 include a new “per-educator” payment for schools, money for “at-risk” children and a fund to help pay for building costs, she said.

“We feel like we’ve (responded), in terms of taking the legislative definition (of a basic education) and building the funding blocks around it,” Lombardi said.


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