Thursday, December 12, 2013
Earlier this summer, the Missouri Supreme Court in Breitenfeld v. School District of Clayton, 399 S.W.3d 816 (Mo. banc 2013), rejected a claim that a Missouri statute requiring a school district to recieve transfer students from nearby unaccredited districts violated the state constitution's prohibition on unfunded mandates. A similar action was filed in another school district. Tuesday, the Missouri Supreme Court reaffirmed its position in Blue Springs R-IV School Dist. v. School Dist. of Kansas City, 2013 WL 6448904 (2013), writing:
While this case was pending on appeal, this Court issued its opinion in Breitenfeld v. School District of Clayton. 399 S.W.3d 816 (Mo. banc 2013). Breitenfeld involved a very similar claim that the transfer provisions of section 167.131 constituted an unfunded mandate by requiring that students in the then-unaccredited St. Louis Public Schools be permitted to transfer to schools of their choice in adjoining counties. This Court rejected that argument, holding that section 167.131 merely reallocates responsibilities for educating students among districts and that the Hancock Amendment prohibits only new or increased levels of activities, not a shifting of responsibilities among school districts.
The holding in Breitenfeld is determinative. Section 167.131 does not mandate a new or increased level of activity but merely reallocates responsibilities among school districts. Further, this Court does not find that the State stipulated to the contrary below, and in any event the State may not by stipulation bind this Court to an erroneous statement of law. The judgment in favor of the Independence, Lee's Summit and North Kansas City taxpayers is reversed, and the judgment against the Blue Springs and Raytown taxpayers is affirmed.