Lawsuit contests a part of State Constitution

Editor,

Several school districts are suing the state (you and me), alleging school funding by the legislature violates Article X, Section 1, Educational goals and duties of the Montana Constitution.

Only part (3) of Section 1 is contested, "… The legislature shall fund and distribute in an equitable manner to the school districts the state's share of the cost of the basic elementary and secondary school system."

The word "duties" binds the state morally, professionally, and legally. That is the basis of the lawsuit.

This duty obliges the state legislature to fund its share of basic elementary and secondary school system costs.

The merits of the lawsuit hinge on who determines the state's share, and how basic elementary and secondary school system is defined.

The constitution does not oblige the legislature to fund programs at levels established by program managers or their constituencies.

Further, the appropriation of funds is clearly the province of the legislative branch of government.

We do find sub-standard achievement in the basic, skills of reading, writing, grammar, speaking, science and mathematics in too many Montana high school graduates.

Curricula have expanded to include subject matter that appears less "basic" than others. Sports programs have grown and their support and funding compete with other "basics." The wider the reach and expansion of curricula and programs, the greater the number of teachers and support services a school district needs. Thus, funding of every curriculum component and program when some are more basic contributes to budget shortfalls.

We need to watch how the courts define "state's share" and "basic," then ask if the constitution places these decisions in the legislature or the courts.

We also need to scan the constitution to see if goals and duties are juxtaposed elsewhere. If yes, any duty not adequately funded can be challenged.

Sotero Muniz

Polson