| |
Welcome to the new home of Lee's Summit Tribune. We are dedicated to providing you the most current and accurate news and events in Lee's Summit
 | |  |
|
Trial court enters order declaring transfer statute unconstitutional as to Lee's Summit R-7 and two other area school districts
August 17, 2012
Judge Brent Powell of the Circuit Court of Jackson County, Missouri issued an order on Aug. 16 declaring that Missouri Revised Statute § 167.131 is unconstitutional and invalid as to three area school districts: Lee's Summit R-7, Independence and North Kansas City. Judge Powell held that the statute is not unconstitutional as to the Blue Springs and Raytown School Districts. The statute allows students who reside in unaccredited school districts, such as Kansas City Public Schools, to transfer to accredited schools and requires unaccredited districts to pay tuition for students who transfer.
In a lawsuit filed on Dec. 23, the Blue Springs, Independence, Lee’s Summit, North Kansas City and Raytown School Districts asserted that the transfer statute is unconstitutional under the Hancock Amendment to the Missouri Constitution. The Hancock Amendment protects citizens from tax increases by prohibiting unfunded mandates – it prohibits the state from imposing new activities on political subdivisions which cause political subdivisions to incur increased costs without a specific appropriation of funds from the State. In their petition, the school districts sought a declaratory judgment that the transfer statute is unconstitutional under the Hancock Amendment.
The trial of the case took place from Aug. 6 to Aug. 8. Prior to the trial, on Aug. 1, Judge Powell issued an order concerning portions of the school districts' Hancock Amendment claim. Judge Powell determined that the transfer statute does impose a new mandate on accredited school districts to admit a new population of students from unaccredited districts, and that the state had failed to make a specific appropriation to finance the costs of the new mandate. Following the order, the only issue that remained for trial was whether the transfer statute would impose increased costs on the school districts.
During the three-day trial, the school districts presented evidence concerning how many Kansas City Public Schools students would transfer to their districts if the transfer statute is not invalidated. An expert retained by the school districts, Ken DeSeighardt of Patron Insight, Inc., testified concerning a telephone survey of Kansas City Public Schools parents with school-aged children. Mr. DeSeighardt testified that the results of the telephone survey showed that 741 to 2,291 Kansas City Public Schools students would transfer to each of the school districts if their parents did not have to pay tuition.
The school districts also presented evidence that they would incur significant costs due to the transfer of Kansas City Public Schools students because the tuition formula contained in the transfer statute is flawed. Finance officials from each of the school district testified that students from Kansas City Public Schools are, on average, more expensive to educate than their resident students. However, the tuition formula requires school districts to calculate tuition based on their own per-pupil expenditures and does not account for the higher per pupil costs of Kansas City students. The finance officials testified that their districts would have to build mobile classroom units and make other capital expenditures in order to accommodate the anticipated number of students that will transfer from Kansas City. However, the tuition formula does not permit school districts to include capital expenditures in their tuition calculation.
During closing arguments, the state argued that the tuition that accredited school districts are permitted to charge under the transfer statute qualifies as an appropriation under the Hancock Amendment. The state further argued that the tuition payment would cover the costs associated with educating non-resident students, even though accredited school districts cannot include the higher costs associated with Kansas City students or capital expenditures in their non-resident tuition amount.
Based on the evidence presented at trial, Judge Powell determined that three of the school districts would incur increased costs if they were forced to comply with the transfer statute, but that the other two school districts would not incur increased costs beyond the amounts paid in tuition. Judge Powell's ruling considered the tuition payments that Kansas City Public Schools (KCPS) is required to make under the transfer statute as revenue that the area school districts would receive and could use to offset the costs associated with educating KCPS students. Judge Powell stated that his ruling "assumes that KCPS will pay area school districts and other accredited school districts receiving student transfers from KCPS the tuition required by Section 167.131." Judge Powell recognized that "[i]f KCPS cannot make … tuition reimbursements, a Hancock Amendment violation will likely exists for every school district that enrolls students residing in KCPS pursuant to Section 167.131."
In his ruling, Judge Powell stated that he "cautions school districts affected by Section 167.131 and parents and students interested in transferring from KCPS that many of the issues associated with the transfer of students pursuant to Section 167.131 remain unresolved." The Court further stated that his "ruling could alter the projected number of students expected to transfer to eligible school districts resulting in increased costs for Blue Springs … and Raytown … not contemplated by the Court." The ruling anticipated that "additional Hancock Amendment challenges could be brought by KCPS and school districts that enroll students residing in KCPS pursuant to Section 167.131."
The School District of Clayton, Missouri, previously asserted a Hancock Amendment challenge to the transfer statute after the School District of St. Louis, Missouri, was declared unaccredited, and Judge Vincent of the St. Louis County Circuit Court determined that the statute is unconstitutional as an unfunded mandate. The state has appealed Judge Vincent's ruling to the Missouri Supreme Court, and the school districts anticipate that the state will also appeal the portion of Judge Powell's ruling in favor of the Independence, Lee's Summit and North Kansas City School Districts to the Missouri Supreme Court. The Blue Springs and Raytown School Districts will appeal the portion of Judge Powell's ruling in favor of the state to the Missouri Supreme Court.
| |
 | |  |
|
|
|
|
|
|
SCA Student Trains For World Youth Olympics
|
|
|
