School Finance

Federal appeals panel rules TABOR lawsuit can proceed

A lawsuit that claims Colorado’s Taxpayer’s Bill of Rights violates federal constitutional guarantees of representative state government can proceed, a three-judge panel of the U.S. 10th Circuit Court of Appeals ruled Friday.

The suit, Kerr v. Hickenlooper, was filed in 2011, but the case has been focused on procedural issues up to now. The Friday ruling settles some of those.

The eventual outcomes of the case – which could be years away – could have important implications for state government operations and for school funding, the focus of intense debate during the current legislative session.

The TABOR amendment, passed by voters in 1992 and requires (among other things) voter approval for tax rate increases. The plaintiffs argue that violates provisions of the U.S. Constitution and the 19th century law making Colorado a state that guarantee a “republican” form of government, one in which elected representatives make legislative decisions, including on taxation.

The 32 plaintiffs include legislators, former lawmakers, other elected officials and private citizens. Some interesting names in the group include Lakewood Democratic Sen. Andy Kerr, chair of the Senate Education Committee; influential former GOP lawmaker Norma Anderson of Jefferson County and State Board of Education member Elaine Gantz Berman of Denver.

While the case has been pretty much below the public radar, it has drawn a lot of interest from public policy and advocacy groups on both the left and right. Among groups filing friend of the court briefs were the Colorado Association of School Boards, the Colorado Association of School Executives and the Colorado PTA.

Only two legal questions were at issue in the ruling – whether the plaintiffs have legal standing to file the suit and whether the case is a “political” matter that can’t be decided in court.

The appellate panel found the plaintiffs have standing and that the case isn’t automatically a political issue that should be thrown out at this point.

Read the ruling here.


More than 1,000 Memphis school employees will get raise to $15 per hour

PHOTO: Katie Kull

About 1,200 Memphis school employees will see their wages increase to $15 per hour under a budget plan announced Tuesday evening.

The raises would would cost about $2.4 million, according to Lin Johnson, the district’s chief of finance.

The plan for Shelby County Schools, the city’s fifth largest employer, comes as the city prepares to mark the 50th anniversary of the assassination of Martin Luther King Jr., who had come to Memphis in 1968 to promote living wages.

Superintendent Dorsey Hopson read from King’s speech to sanitation workers 50 years and two days ago as they were on strike for fair wages:

“Do you know that most of the poor people in our country are working every day? They are making wages so low that they cannot begin to function in the mainstream of the economic life or our nation. They are making wages so low that they cannot begin to function in the mainstream of the economic life of our nation … And it is criminal to have people working on a full time basis and a full time job getting part time income.”

Hopson also cited a “striking” report that showed an increase in the percent of impoverished children in Shelby County. That report from the University of Memphis was commissioned by the National Civil Rights Museum to analyze poverty trends since King’s death.

“We think it’s very important because so many of our employees are actually parents of students in our district,” Hopson said.

The superintendent of Tennessee’s largest district frequently cites what he calls “suffocating poverty” for many of the students in Memphis public schools as a barrier to academic success.

Most of the employees currently making below $15 per hour are warehouse workers, teaching assistants, office assistants, and cafeteria workers, said Johnson.

The threshold of $15 per hour is what many advocates have pushed to increase the federal minimum wage. The living wage in Memphis, or amount that would enable families of one adult and one child to support themselves, is $21.90, according to a “living wage calculator” produced by a Massachusetts Institute of Technology professor.

Board members applauded the move Tuesday but urged Hopson to make sure those the district contracts out services to also pay their workers that same minimum wage.

“This is a bold step for us to move forward as a district,” said board chairwoman Shante Avant.

after parkland

Tennessee governor proposes $30 million for student safety plan

Gov. Bill Haslam is proposing spending an extra $30 million to improve student safety in Tennessee, both in schools and on school buses.

Gov. Bill Haslam on Tuesday proposed spending an extra $30 million to improve student safety in Tennessee, joining the growing list of governors pushing similar actions after last month’s shooting rampage at a Florida high school.

But unlike other states focusing exclusively on safety inside of schools, Haslam wants some money to keep students safe on school buses too — a nod to several fatal accidents in recent years, including a 2016 crash that killed six elementary school students in Chattanooga.

“Our children deserve to learn in a safe and secure environment,” Haslam said in presenting his safety proposal in an amendment to his proposed budget.

The Republican governor only had about $84 million in mostly one-time funding to work with for extra needs this spring, and school safety received top priority. Haslam proposed $27 million for safety in schools and $3 million to help districts purchase new buses equipped with seat belts.

But exactly how the school safety money will be spent depends on recommendations from Haslam’s task force on the issue, which is expected to wind up its work on Thursday after three weeks of meetings. Possibilities include more law enforcement officers and mental health services in schools, as well as extra technology to secure school campuses better.

“We don’t have an exact description of how those dollars are going to be used. We just know it’s going to be a priority,” Haslam told reporters.

The governor acknowledged that $30 million is a modest investment given the scope of the need, and said he is open to a special legislative session on school safety. “I think it’s a critical enough issue,” he said, adding that he did not expect that to happen. (State lawmakers cannot begin campaigning for re-election this fall until completing their legislative work.)

Education spending already is increased in Haslam’s $37.5 billion spending plan unveiled in January, allocating an extra $212 million for K-12 schools and including $55 million for teacher pay raises. But Haslam promised to revisit the numbers — and specifically the issue of school safety — after a shooter killed 14 students and three faculty members on Feb. 14 in Parkland, Florida, triggering protests from students across America and calls for heightened security and stricter gun laws.

Haslam had been expected to roll out a school safety plan this spring, but his inclusion of bus safety was a surprise to many. Following fatal crashes in Hamilton and Knox counties in recent years, proposals to retrofit school buses with seat belts have repeatedly collapsed in the legislature under the weight the financial cost.

The new $3 million investment would help districts begin buying new buses with seat belts but would not address existing fleets.

“Is it the final solution on school bus seat belts? No, but it does [make a start],” Haslam said.

The governor presented his school spending plan on the same day that the House Civil Justice Committee advanced a controversial bill that would give districts the option of arming some trained teachers with handguns. The bill, which Haslam opposes, has amassed at least 45 co-sponsors in the House and now goes to the House Education Administration and Planning Committee.

“I just don’t think most teachers want to be armed,” Haslam told reporters, “and I don’t think most school boards are going to authorize them to be armed, and I don’t think most people are going to want to go through the training.”

Editor’s note: This story has been updated.