64 school districts sue state to force change in funding

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AUGUSTA — Sixty-four Maine school districts filed a lawsuit Tuesday against the state, seeking changes in the school funding formula that would benefit property-poor districts. The districts are scattered throughout the state, among a total of about 300 school districts. School superintendents…
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AUGUSTA — Sixty-four Maine school districts filed a lawsuit Tuesday against the state, seeking changes in the school funding formula that would benefit property-poor districts.

The districts are scattered throughout the state, among a total of about 300 school districts.

School superintendents and school boards from the districts claim that changes in the funding formula and across-the-board cuts in the last few years have unfairly penalized districts that have low property valuation and depend on a lot of state aid.

Those penalties violate the Maine Constitution, which guarantees an equal right to education, according to the complaint.

Acting Education Commissioner Polly Ward and Leo G. Martin, who is awaiting confirmation as the next education commissioner, were not available to comment Tuesday.

A special task force has been assembled by Gov. John R. McKernan to review the school funding formula and recommend changes in it.

The protesting districts want the recent changes in the formula repealed and straight percentage cutbacks to be banned by the court. They want the funding formula returned to the way it was when it was created in 1985.

Mark Eastman, superintendent in SAD 42 (Mars Hill and Blaine), called the filing at Kennebec County Superior Court “a noteworthy and historic moment.”

Charles Dingman, chairman of the school board in SAD 52 (Leeds, Turner and Greene), said, “We have relatively little wealth compared to the number of students we have to educate. In the last two to three years, we have come to appreciate the fair system of school funding that we have grown accustomed to in this state.”

Recent cutbacks have been “disproportionate to less wealthy districts,” said Dingman. “We fear that will become even more acute in coming years.”

Robert Mittel, an attorney representing the school districts, said the 1985 school funding formula “put everyone on more or less equal footing.”

“There has been a gradual chipping away at the level playing field,” said Mittel.

He said the districts hope for a trial on their case sometime in the next year and they are prepared to press their case all the way to the Maine Supreme Court if necessary.

The districts seek:

A ban on across-the-board flat percentage cuts in state aid that hurt districts dependent on a lot of state aid the most.

Repeal of a “hold-harmless” provision that protects districts where valuations increase rapidly from losing more than 10 percent of their previous year’s state aid in any given year.

Repeal of a funding provision that grants all districts at least 5 percent of their budgets from state aid, regardless of whether they need it under the funding formula.

Repeal of a low-income student adjustment that is not based on the funding formula.

The state’s school funding formula is based mainly on property values in a school district. Wealthy districts get only 5 percent state aid but poorer districts get as much as 85 percent state aid.

Last winter, the two groups were at odds as the Legislature debated how to distribute $16 million in state aid cuts through June.

Districts getting a small amount of aid wanted percentage cuts, but those dependent on large amounts of state aid wanted the cuts to be based on the funding formula.

The Legislature adopted a compromise with half the cuts being a flat percentage and the other half being based on a mill rate.

“Funding should have been reduced exactly the way it was handed out. Education is a fundamental right,” said Mittel.

One of the school superintendents in the group was Bill Bourbon of SAD 60 in North Berwick.

He said state funding cuts have meant the loss of six jobs in his district and cutting the accounts for textbooks and library books down to almost nothing.

“We just can’t make up the difference with the local taxes,” said Bourbon. “The critical issue is to live up to the formula.”


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