New education lawsuit may impact state hearing on similar Hamilton County litigation

Republican Gov. Bill Haslam
Republican Gov. Bill Haslam

NASHVILLE -- A second school funding-formula lawsuit filed this week against the state by Tennessee's largest school district is expected to be felt in courtroom proceedings today on a similar case filed last spring by school districts in Hamilton and six nearby counties.

Shelby County Board of Education officials filed the suit Monday, charging state officials have failed to follow the Tennessee Constitution's mandate that they adequately fund local schools through the state's Basic Education Program formula.

Although some particulars differ, that's the gist of the lawsuit filed in March against Gov. Bill Haslam, the State Board of Education and the state House and Senate speakers by school systems in Hamilton, Bradley, Coffee, Grundy, Marion, McMinn and Polk counties.

Today, a Davidson County Chancery Court judge is scheduled to hear arguments on a motion by Hamilton County to grant the seven counties' case class-action status, thereby making every one of the state's 142 local school systems part of the suit.

The Tennessee Attorney General's office still anticipates arguing today against that. But state attorneys are expected to postpone their argument for dismissing the lawsuit entirely because of the Memphis-based Shelby County school system's action on Monday.

"The reason is so we can assess how to handle these cases, in light of the fact that we now have two cases in separate courts," explained Harlow B. Sumerford, spokesman for Tennessee Attorney General Herbert Slatery, in an email.

Hamilton County and the other area counties in Southeast and Middle Tennessee argue the state has "breached its duty under the Tennessee Constitution to provide a system of free public education for the children of this state."

The state's Basic Education Program, created in 1992 in response to a Tennessee Supreme Court ruling in a suit brought by smaller, rural schools, distributes about $6 billion in funds to local systems.

But Hamilton County's suit charges Tennessee doesn't provide enough funding for expenses, including teacher pay and health insurance.

The state underestimates by about $10,000 what teachers are actually paid, the lawsuit says, and shorts teachers by not paying them insurance for 12 months.

Responding to that last legislative session, Haslam persuaded state lawmakers to up money for insurance coverage from 10 to 11 months. And the governor also pushed through pay increases for educators. But the systems say that's not near enough and poorer counties can't make up the difference.

Chalkbeat, an Internet-based education news organization, reported Shelby County's 38-page suit, also filed in Davidson County Chancery Court, argues the state has violated its constitutional duty to "equitably and adequately fund public school education for all students."

Chalkbeat also reported the latest suit says Memphis and Shelby County have a disproportionately high number of students who are minorities, have disabilities and live in extreme poverty.

"Because of the lack of funding, the District is unable to provide many of these impoverished, mainly-minority students with an education that would allow them to achieve the outcomes mandated by the Tennessee Constitution " the Shelby suit says.

Regarding the Hamilton lawsuit, Tennessee Attorney General Slatery's response is that it relies on a "profoundly flawed interpretation" of the three successful previous lawsuits against the state and should be "dismissed in its entirety."

Contact Andy Sher at asher@timesfreepress.com or 615-255-0550.

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