If school districts can sue a state in hopes of increasing education funding, parents should be able to sue schools that aren�t providing an adequate education.
That was the message a group of school choice advocates left yesterday after an all-day forum at the Reynolds Alumni Center on the University of Missouri-Columbia campus. The program was sponsored by the Show-Me Institute, founded by St. Louis businessman and school-voucher supporter Rex Sinquefield.
During an afternoon session, attorneys Julio Gomez, Clint Bolick and Kevin Chavous suggested that parents of children in failing schools seek remedies through litigation.
Gomez was the lead attorney in a class-action lawsuit in New Jersey that claimed the state�s constitutional provision upholding an effective education is violated when low-income children do not have a way to transfer out of failing schools. The New Jersey court dismissed that case last month, but advocates yesterday said filing the suit had positive outcomes because it improved public perception of school choice.
The Missouri Constitution does not guarantee a quality education, only a free public education. A state statute allows children in unaccredited schools to transfer to a different district; however, the law does not require other districts to accept those children. In cases where children are not accepted by other districts, Chavous said, parents should pursue litigation.
Chavous credited school adequacy lawsuits for opening "the door to courts listening to these issues."
Typically, lawsuits filed by school districts "focus on finance," Chavous said. "We�re the ones, those of us who promote change, who can bring the discussion back where it should be, with the focus on quality."
Yesterday�s school choice forum came on the heels of Cole County Circuit Judge Richard Callahan�s ruling that the state meets constitutional requirements to fund public education. More than 200 school districts, including Columbia Public Schools, claimed in a lawsuit that the state does not provide adequate or equitable funding. Alex Barlett, the attorney representing the schools, said he would announce later today or tomorrow whether those school districts will appeal the ruling.
Yesterday�s program was aimed at including discussions of school choice in decisions about providing an adequate and equitable education, said Michael Podgursky, an MU economics professor and panelist.
"You have litigation about adequacy, and you have litigation about equity. There should be a way to put these issues to rest and come up with a fair system that is child-centered and guarantees fairness in access to quality education," he said. "Ultimately, that�s what these cases are about. Choice ought to be part of that package if you�re thinking about equity and access to quality education."
Right now, choice only exists for wealthy families who can afford private schooling, state Sen. Jason Crowell, R-Cape Girardeau, said yesterday during a legislative panel.
"The question is not whether education choice is there. The question is: Are we going to embrace it and provide the same opportunities for the poor as the rich? " he said.
But plucking some children out of public schools while leaving others behind will not solve educational inequalities, said Melissa Randol, an attorney for the Missouri School Boards� Association.
Instead of fighting public education, Randol said, school choice advocates should work with school districts to find solutions.
"It appears they do believe they�re trying to help children, and for that, I applaud them," she said. "We all need to be focused on how we can support our children. But in my opinion, they�re misguided on how they�re targeting resources and energy on a system that will not help a majority of our children."
Published Wednesday, October 31, 2007