Jackson sees school quality fight headed to court

If state Sen. Don Ryan's education bill passes in its present form, one Flathead Valley legislator guarantees the state will face future funding lawsuits.

Rep. Verdell Jackson, R-Kalispell, said that including state accreditation standards in the definition of a "quality" system of schools sets up a moving target.

"They can revise those standards any time they want to … and that affects cost," said Jackson, who sits on the House Select Committee for Education. "We really as legislators have no role in that process at all."

Then, when standards change but funding does not follow, he warned, the state is shirking its duty to adequately fund a basic system of quality schools.

To comply with a Montana Supreme Court order, the Legislature must define what "quality" means, tie it to educationally relevant factors and come up with the money to pay for it.

Jackson said the effort will be a prime focus in the second half of the 2005 session. The Legislature reconvened Tuesday.

Senate Bill 152, introduced by Ryan, a Great Falls Democrat, says the "'basic system of free quality public elementary and secondary schools means the educational program specified by the accreditation standards which represent the minimum standards upon which a basic system of free quality public elementary and secondary schools is built."

The bill has widespread support in the education community, including trustees, administrators and teachers in Flathead Valley schools.

"With the accreditation standards in state law," Jackson countered, "legislators have no ability to approve those standards or do anything with them.

"The state board of instruction does them. They have no financial accountability and we have no way to make a decision on what we are going to fund."

Ryan's definition of a system of quality schools continues with requirements imposed by local, state and federal law, including Indian education for all.

It also calls for educational programs "that promote the full development of a student's potential …" and take into account a wide range of funding needs.

Jackson sees that as one more red flag.

"Anytime someone thinks you don't get 'full development' … we're in trouble," he said.

On the other end of the spectrum, Jackson introduced House Bill 415, his pared-down answer to the school funding order. It defines "basic system" in fiscal terms - "the minimum operating revenue for the elementary and high schools in each district."

"For some reason the word 'basic' has been discarded," he said. "And when I look at the committee's work from writing the [1972 revision of the' Constitution, they were talking about basic quality schools, not basic quality education.

"In defining a system of basic quality schools, what they had in mind was the minimum. All schools in Montana are meeting the minimum, and that's what we want. We want a set minimum to be in place for every school."

Therefore, Jackson's bill specifically deleted money for kindergarten, school lunch, transportation and other school functions that are commonly accepted today.

But, on the advice of legislative legal advisers, he drafted an amendment to reinsert school facility payments, transportation, kindergarten, adult education and school lunch programs into the funding formula as auxiliary items.

A four-member subcommittee, composed of a Democrat and a Republican each from the House and Senate, is analyzing Ryan's and Jackson's bills plus two others from Rep. Pat Wagman, R-Livingston, and Rep. Bill Glaser, R-Huntley.

What results probably will be a hybrid, Jackson said.

"I expect they will cannibalize the bills in there, take what they need from each bill and put it under a title," he said.

"It will come out under [Senate Bill] 152, but I hope inside of that it will be considerably different."

A separate initiative is under way to devise a funding formula, but Jackson is not optimistic it will be finished this session.

He said he joins Democrats and Republicans alike in supporting Gov. Brian Schweitzer's proposal for infusing $80 million into the base funding over two years.

"I think we should put the money in the funding formula to give schools the greatest flexibility we can," Jackson said.

Reporter Nancy Kimball can be reached at 758-4483 or by e-mail at nkimball@dailyinterlake.com