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Area School Districts Seek Clarification from...
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Area School Districts Seek Clarification from Court
Dec. 26, 2011
Five area school districts, as well as individual taxpayers from those
districts, have filed a petition in Jackson County court seeking
clarification regarding a Kansas City Public Schools (KCPS) policy
governing student transfers. The districts are: Blue Springs,
Independence, Lee's Summit, North Kansas City and Raytown. The petition
seeks to delay the implementation of the KCPS transfer policy while the
education and governance issues of KCPS are determined in the courts,
legislature or State Board of Education.
KCPS loses its accreditation January 1, 2012. Under state law, students
residing in the Kansas City, Missouri school district are eligible to
apply for a transfer to an accredited school district in Jackson County
or an adjoining county. Prior to 1993, this law stated that accredited
school districts could choose whether or not to admit students from
unaccredited schools. Under an amendment to the law in 1993, accredited
schools districts are required to admit student transfers from an
unaccredited district if the unaccredited district provides
transportation and pays tuition as determined by the accredited
district. Blue Springs, Independence, Lee's Summit, North Kansas City
and Raytown are accredited school districts to which KCPS students may
seek a transfer.
On December 21, 2011, the KCPS Board of Education adopted a policy that
requires the receiving accredited school districts to provide
transportation for students. The policy does not state that KCPS will
pay tuition in an amount set by the accredited districts or in
accordance with the accredited districts' tuition policies. Furthermore,
the KCPS policy also does not allow all resident students to transfer,
but instead, only allows students who have attended a KCPS school for
two academic semesters immediately preceding the transfer request to a
transfer.
The five districts listed above are committed to meeting their legal
obligations to all students involved.
On Friday, December 23, representatives from the five districts filed
the joint petition in Jackson County, Missouri, which asks the court to
clarify the rights and responsibilities of the parties under the recent
KCPS student transfer policy. The petition also asks the court to
clarify the responsibilities of the parties under the statute regarding
transfers, and to determine that the KCPS Board of Education policy is
in violation of the Hancock Amendment.
Specifically, the petition asks for:
1. An injunction prohibiting KCPS from transferring resident pupils of
KCPSaccording to its student transfer policy or in accordance with state
law, Section 167.131 revised statutes of Missouri .
2. The court to declare:
a. KCPS student transfer policy is void as a violation of 167.131
revised statutes of Missouri.
b. KCPS transfer policy is invalid as it requires accredited
schools to provide an education for and transportation of KCPS students
in violation of Hancock Amendment.
3. In addition, as an alternative, the petition asks for:
a. A declaration that under 167.131, KCPS must pay tuition for all
KCPS students who seek to transfer to any accredited school district in
an amount determined by the accredited school district's Board of
Education, according to the tuition formula in 167.131, and in
accordance with the tuition policies of the accredited school district.
b. Declaring that under 167.131, KCPS must provide transportation
for all KCPS students who seek to transfer to any accredited school
district.
The petition is designed as an interim measure until the overarching
issues surrounding the future of KCPS can be resolved. By taking this
action collectively, the five districts hope to prevent the disruption
of KCPS students' education in the middle of an academic year, as well
as provide time for a lasting and positive educational solution to be
determined that will ultimately benefit all students.
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