STL Firefighters Sue Kirkwood, Lindbergh, Webster Groves and St. Louis Schools

January 24, 2012

Excerpt Taken from Stltoday.com:

Members of the St. Louis Fire Department filed a lawsuit today (Tuesday, Jan. 24) against four area school districts over their failure to allow students in unaccredited school districts to transfer to better schools without paying tuition. To read the entire article, click HERE.

The public statement by the Kirkwood School District is as follows: The Kirkwood School District is waiting for guidance from the courts regarding non-resident students seeking transfer from unaccredited schools. We understand that this involves complex legal issues that we hope are resolved in the court system so that KSD can proceed appropriately. The Turner vs. Clayton court case is set for a bench trial on March 5, 2012. All indications point to the fact that the case will actually make it to trial on this date and that the trial will likely be completed by the end of that week. We currently have a list of 47 families from unaccredited school districts who are interested in attending Kirkwood Schools.

 

Questions posed by parents or community members will be posted on our website and Facebook page.

Frequently Asked Questions (FAQ)
Updated Feb. 3, 2012

 

Q: When did families living in the St. Louis Public School (SLPS) attendance area start requesting transfer to other school districts? 

A:  In 2007 St. Louis Public School (SLPS) lost its accreditation. The families of six students living in the Saint Louis Public School District brought the lawsuit against the School District of Clayton. The suit sought to require the School District of Clayton to enroll the students and to require the School District of Clayton to bill the St. Louis Public Schools for the tuition. The plaintiffs in the suit alleged that both actions were justified under the Missouri statute that governs unaccredited schools (167.131).

Q: Is this still an ongoing lawsuit?

A: Yes. It is referred to as Turner vs. Clayton and is set for bench trial on March 5, 2012. Additional details can be found on the Clayton School District’s, click HERE.

Q: Why did five families bring suit against Kirkwood, Webster Groves, Lindbergh the Transition School District of St. Louis, and Board of Education of the City of St. Louis?

A: On January 24, 2012, a suit was filed by five parents, all of whom are residents of the City of St. Louis. The plaintiffs filed for a preliminary and permanent injunction to compel compliance with the Missouri statute that governs unaccredited school districts (167.131). The lawsuit involves the same issues as the Turner vs. Clayton case.

Q: What are some of the issues with the statute?

A: Public schools in Missouri follow the guidelines of the Missouri Department of Elementary and Secondary Education (DESE). The MO Supreme Court addressed three key issues in their July 2010, Clayton vs. Turner ruling:

1. Held 7-0 that SLPS is subject to the requirements of the applicable statute and that those requirements are not trumped by the legal settlement/legislation related to the deseg program.
2. Held 7-0 that plaintiffs’ tuition contracts trump any rights under the unaccredited statute (167.131) and that plaintiffs are not entitled to relief for any years they have signed contracts.
3. Held 4-3 that the accredited school districts are bound by the language of Sec 167.131, and remanded the case to the St Louis County Circuit Court for trial on the factual issues and defenses that were presented including capacity, payment, 
1. a.This specific issue of discretion (local control) is what continues to motivate defendants (county school districts) to resolve this case and restore the discretion — including based on lack of capacity — public schools previously had under the advice and guidance of DESE.

 

Q: Will the Kirkwood School District keep the school community informed of the affect any legislation or court rulings will have on our schools?

 A: Yes. Kirkwood’s position and public comment regarding Sec 167.130 RSMo has followed the advice of our legal counsel, who has followed the ongoing litigation closely and has based his advice on the language of the Missouri Supreme Court decision and policy set out by DESE.  

Kirkwood has not been part of the litigation so far, but has followed the cases for guidance on interpretation of the statute.  At this point, due to the new lawsuit which involves the identical issues, Kirkwood and Lindbergh are now named defendants.  Even though the ultimate outcome may be resolved by one of the earlier cases, Kirkwood will join the legal discussion over a complex problem that affects not only Kirkwood, but all of the school districts in the St Louis region.  In addition, since the Missouri legislature is considering a wide range of education laws including the specific issues created by Sec 167.131 RSMo, we expect to have to react to changes in the law in the upcoming session. It is clear that the issues of physical capacity, payment of tuition by the unaccredited districts, special school district coverage, the Voluntary Transfer Program, and Hancock repercussions have to be faced at some point. 

Kirkwood will try to help the process of defining the issues for the Courts and the legislature.  We will keep the Kirkwood community informed of the effect on the Kirkwood School District as the lawsuits and the legislation progress.

Q: How soon after the Turner vs. Clayton trial is concluded in March do you foresee transfers in KSD classrooms?

A: It is difficult to forecast the outcome of such a complex legal issue that has been in the courts since 2007. The District does have class size guidelines, and we will continue to defend our right to maintain local control of educational programs and services for students of the Kirkwood School District.

Q: Is it the intention of KSD to continue with a waiting list as long as any court case involving the issue is still being litigated?  

A: The District will follow the advice of our legal counsel in this matter.

Q: Is there a point at which KSD can no longer have a wait list and the students must be admitted?

A: The District will follow the advice of our legal counsel in this matter.

Q: How will this impact the VICC program?  

A: The Voluntary Interdistrict Choice Corporation oversees the implementation of the metropolitan area desegregation program. The VICC program has specific guidelines, which we will continue to follow.

Q: Is there a law that states a student to teacher ratio for Missouri Public Schools?  

A: The Department of Elementary and Secondary Education does have minimum and desirable standards for class size. The minimum standard for K-2 is 25, desirable is 20; the minimum standard for 3-4 is 27, desirable is 22; the minimum standard for 5-6 is 30, the desirable is 25, and the minimum standard for 7-12 is 33, desirable is 28.

Q: Is KSD currently working with any MO legislators on a bill to clarify this current law?  

A:  The District has been actively involved with legislators to assist in securing reasonable guidelines for accepting students from unaccredited school districts.

Q: Realistically, how many transfer students can KSD accommodate?

A: Every year we evaluate our enrollment and determine staffing and placement. The District  is developing guidelines for accepting students from unaccredited districts that will take into consideration class size, special education needs, facilities, and funding.