Jackson Free Press

Jackson, MS – Five Mississippi school districts have joined the fight to recover their share of almost $134 million owed to them by the State of Mississippi under the Mississippi Adequate Education Program (“MAEP”).

Greene County, Humphreys County, Leland, North Bolivar and West Bolivar, join Clarksdale, Clay County, Greenville, Hattiesburg, Leake County, Okolona, Prentiss County, Richton, Simpson County, Smith County, Tate County, Wayne County, West Tallahatchie and Wilkinson County in seeking declaratory judgment to restore funding owed to them by the State. Previous release reported Forest Municipal would join legal action. School Board representatives have confirmed they will not.

The new districts will be joined into the same legal action with the original fourteen districts that filed legal claims in Hinds County Chancery Court in August. The districts allege the State of Mississippi has violated its own laws requiring full funding of the MAEP formula as amended in 2006. The law allowed the State a three-year period – 2007 through 2009 – to phase in full funding to the amounts called for by the formula.

The legal action also seeks to require the State to fully fund MAEP at the current formula levels the law requires. The State of Mississippi has failed to fully fund MAEP in every fiscal year since 2010.

As noted previously, under Miss. Code Ann. § 37-151-6, the law clearly reads:

Effective with fiscal year 2007, the Legislature shall fully fund the Mississippi Adequate Education Program.

Under Mississippi law, use of the word “shall” imposes a legal and binding agreement with the people of Mississippi. It is compulsory and provides no room for interpretation by the State. If the court rules that use of the word “shall” is open to interpretation, the State would be unable to make people pay their taxes, prosecute hundreds of crimes, or truly function as a government.

During the most recent legislative session, the State placed over $400 million in its “Rainy Day Fund” while underfunding education by more than $250 million. Filing for declaratory and injunctive relief is the only way for school districts to recover the money that has been kept from them over the past 6 years. These districts are also seeking injunctive relief to require the State resume full funding of MAEP for all districts going forward – not just those that have joined in the lawsuit.

Now that the suit has been filed, school districts that have not already joined the legal action may do so without court permission until the State’s answer is due. The Attorney General must answer on behalf of the State on or before September 29. After filing of the answer, remaining districts may only join after court permission is granted. School districts that fail to file for legal action may lose the right to recover any of the lost revenue.

For additional information, contact George Shelton at (601) 927-3044 or [email protected]. You may also find more information at www.maeppromisecampaign.com or go to www.facebook.com/mississippiadequateeducationpromise.