Former Gov. Ronnie Musgrove made a good case for the Mississippi Supreme Court to mandate full funding of the adequate education formula. But it does not seem good enough for the justices to agree.
Musgrove, who as lieutenant governor played a key role in getting the Mississippi Adequate Education Act passed into law, went to court on behalf of 21 school districts who wanted $236 million the state underfunded them from 2010-15.
But the stakes are much higher than $236 million. If the Supreme Court ruled that the state owed those districts the money, it follows that other districts would expect their extra money, too. This would be a $1.4 billion mandate.
Musgrove told the Supreme Court that the 1997 MAEP law requires full funding of the formula — something lawmakers have done only twice in 20 years. He further noted that the Mississippi Constitution says the state “shall” provide for the establishment and maintenance of free public schools.
The justices asked questions that went right to the flaws in this argument. One noted that the Constitution’s requirement for a free public school system is based on “such conditions and limitations as the Legislature may prescribe.” This language would seem to override any full-funding mandate in the MAEP law.
Another justice asked whether it’s proper for the Supreme Court to get involved in the allocation of state spending — a task that is clearly the responsibility of the legislative branch, and an argument that ought to be the main reason the Supreme Court rules against Musgrove.
It’s worth noting that the state’s defense, made by an assistant attorney general, was no more compelling than Musgrove’s. The assistant AG said the MAEP law is an aspirational goal, but each Legislature can ignore the formula if it chooses. He did make a better point when he said the education formula does not reduce the Legislature’s discretion to a rubber stamp.
In the big picture, education has fared pretty well with the Legislature during a very trying decade for the Mississippi economy. In the last few years, education spending has actually increased by small amounts.
Perhaps these increases only have allowed schools to keep up with inflation, but it’s a lot better than many other agencies have fared.
Last week’s announcement of 75 layoffs at the state Forestry Commission is just one example.
It’s also worth noting that the state already spends 39 percent of its general fund on education. This is at a time when there are plenty of competing and expensive needs, such as Medicaid, highway repairs and mental health.
No one should fault Musgrove’s clients, the school districts, for trying to get the money they believe they are due. But the Legislature repeatedly has weighed the competing interests and chosen not to fully fund the education formula.
Musgrove did not make the required compelling case that the Legislature’s decision is in violation of the law. It will be a true surprise if the Supreme Court agrees with him.
Jack Ryan is the editor and publisher of The Enterprise-Journal in McComb.
