Area School Districts Seek Continuance and Respond to ACLU Letter

Attorneys representing five area school districts that recently questioned the Kansas City Public Schools (KCPS) student transfer policy have requested a continuance of a hearing scheduled for Jan. 12 in Jackson County Court. The five districts are Blue Springs, Independence, Lee’s Summit R-7, North Kansas City and Raytown.

In the preliminary hearing Dec. 30, attorneys for KCPS admitted that KCPS Board of Education student transfer policy did not align with state statute (RSMO 167.131). If the continuance is granted, KCPS Board of Education would have time to consider revising its policy. Attorney Duane Martin requested the continuance on Jan. 9.

In addition, Mr. Martin responded to a letter sent Jan. 6 by the American Civil Liberties Union of Missouri and Kansas (ACLU).

In his reply, Mr. Martin explained the parameters of the state law that guide transfers of students from an unaccredited school district to an accredited one in an adjoining county:
There are two primary limitations in this section: (1) the payment of tuition by the unaccredited district in the amount set by the accredited district’s board of education; and (2) the provision of transportation by the unaccredited district. If KCPS fails to meet the conditions of Section 167.131 regarding tuition and transportation, KCPS students do not have a statutory right to attend a neighboring public school.

The five area districts have board policies that require tuition in full and in advance before a transfer student can be enrolled. KCPS board policy offers only a small portion of the actual tuition and in monthly installments. In addition, the policy shifts the responsibility of providing transportation of KCPS transfer students to the receiving school districts.

In the ACLU reply, Mr. Martin provided additional perspective on the overarching issues related to potential KCPS student transfers. “It is critical to remember that all students will suffer if KCPS fails to meet the statutory requirements. As you know, the receiving public school districts are underfunded and cannot advance funds for the unanticipated expenditures associated with significant numbers of new students,” he said.

“Furthermore, if the receiving districts accept KCPS students without payment of tuition up front, then they will be assuming additional obligations without a specific appropriation by the state, and the individual taxpayers will have their constitutional rights violated under the Hancock Amendment,” he added.

At this time, the five area school districts are taking information from prospective KCPS student transfers, but are not enrolling transfers until board policy requirements are met. The five districts also are waiting for the outcome of another legal challenge to the statute in the Missouri Supreme Court.