Judge denies Nashville schools education funding complaint
A judge has denied a request from Metro Nashville Public Schools asking the courts to command Tennessee to fully provide education funding to local school districts.
The district's petition, filed Sept. 1, contends that the state's constitution requires the Tennessee General Assembly to fully fund education in the state under its Basic Education Program. Commonly known as the BEP, it's the formula the state uses to calculate how much it costs to educate an individual student in Tennessee.
The Metro Nashville Schools Board voted to file the petition after it received less money than expected this school year for its English Language Learners program.
But in a Thursday decision, Chancery Court Judge Ellen Hobbs Lyle wrote that the district's request for the courts to command the legislature and state to fully fund education under the formula isn't actionable.
While the state has been sued for proper education funding, those cases didn't request the courts force the state to immediately appropriate funds, Lyle said in the court papers. Therefore, Lyle said there is no law to enforce.
"Such law must first be adjudicated before the writ can issue," Lyle said.
Nashville sues state for more education funds
Nashville school board Chair Anna Shepherd said on Friday the response from the court was extremely disappointing, but she's asked for Metro Legal to prepare a list of options for board members. It's possible the options will come up at Tuesday's board meeting, Shepherd said.
"We were surprised of the denial yesterday," she said. "The majority of us wanted to go after low-hanging fruit. They are not funding us properly, as prescribed by law."
In a Friday statement, Department of Education spokeswoman Sara Gast said the state is pleased with the court's ruling.
"We will continue to work with the General Assembly to support education investments in Tennessee," she said.
A lawsuit against the state has been a subject of the Metro Schools Board for the past year, especially as other large-sized Tennessee school districts have decided to sue for more education funds.
But the issue came to a head in June, after Metro Law Director Jon Cooper sent a letter asking the state why Nashville this year received less money for its English Language Learners program, or ELL.
The letter said it expected under the state's BEP formula for the state to provide enough money to fund a ratio of one teacher and one translator for every 20 and 200 ELL students, respectively.
The Tennessee Department of Education responded by saying it allocated enough money for districts to be funded at a ratio of 1-to-25 and 1-to-250 and that the formula is a goal.
On June 15, the board decided to sue the state with a 6-2 vote, with one board member absent. The school board's decision has since been supported by 31 Metro Council members, including Vice Mayor David Briley, to file the suit.
The idea of a suit, however, hasn't been embraced fully by new Director of Schools Shawn Joseph, who suggested in a memo before the petition was filed in early-September to board members that there might be other options in the suit. He has been a proponent of keeping conversations with the state open.
For his part, Joseph has been neutral on the topic since his start in July. Nonetheless, he has been adamant the district is not receiving the ideal amount of funding from the state.
Reach Jason Gonzales at 615-259-8047 and on Twitter @ByJasonGonzales.
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