JACKSON — Some Mississippi school districts are asking a Hinds County chancery judge to reconsider his decision that legislators are not obligated to fully fund an education budget formula every year.
Former Gov. Ronnie Musgrove, who represents 21 school districts in the funding case, filed a motion recently. In July, Chancellor William Singletary rejected the former governor’s argument that state law mandates the Legislature fully fund the Mississippi Adequate Education Program.
The Northeast Mississippi Daily Journal reports Musgrove argues in briefs that more credence should have been given to the Legislature’s constitutional obligation to public education.
When it’s fully funded, MAEP is designed to provide each school district enough money to meet midlevel academic standards.
Collectively, the districts are seeking more than $240 million they said they were shortchanged during six state budget years, the most recent of which ended June 30.
The lawsuit also sought an order that would have affected the entire state by making legislators fully fund a formula that was put into law in 1997 but has been ignored most years.
Musgrove’s lawsuit maintains a 2006 law signed by Barbour says the state “shall” fully fund MAEP. But Singletary found the 2006 law had to be coupled with another 2006 law that included language explaining how money would be appropriated to the school districts if MAEP was not fully funded.
“This alternative procedure demonstrates the Legislature’s realization that full funding may not occur every year,” Singletary wrote.
In his motion asking for reconsideration, Musgrove argued the alternative language was clearly meant to be applied for a three-year phase-in period of full funding.
“This language makes it clear the Legislature gave itself a three-year grace period to implement the full funding of the formula,” Musgrove said in the motion. “After the three-year grace period, the Legislature obligated itself without exception or excuse to fund education fully.”
If Singletary denies the motion, Musgrove can appeal to the Mississippi Supreme Court.
A separate political struggle over school budgets is shaping up in the coming months because two proposed constitutional amendments that deal with school funding will be on Mississippi’s statewide ballot in November.
Initiative 42, which got on the Nov. 3 ballot through a petition process, would require Mississippi to fund “an adequate and efficient system of free public schools.” Legislators put an alternative, Initiative 42-A on the same ballot. It would require Mississippi to fund an “effective” system of public schools.
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