Midwest Education Law

According to a report in The Kansas City Star, Missouri Education Commissioner Chris Nicastro is recommending to the State Board of Education that the Kansas City, Missouri School District lose its accreditation.  A Missouri statute provides that an unaccredited school district must pay tuition and transportation costs for students within its boundaries who opt to transfer to an accredited district within the same or an adjoining county.  Last year, the Missouri Supreme Court interpreted this law to mean that the "receiving" school district does not have discretion to reject the transfer student.  (The case involved students from the St. Louis School District, which previously lost its accreditation.) 

This is not, however, the end of the story.  The case was sent back to a lower court for trial, where the affected school districts have mounted new challenges to the law.  They have argued that the law violates the Hancock Amendment's prohibition against unfunded mandates, is impossible to comply with because of physical space limitations, and that it may result in violations of IDEA.  That trial is now scheduled for January 23, 2012.

If the State Board in fact strips KCMSD of its accreditation, and you work in a school district that receives a transfer request from a KCMSD student, consult your legal counsel as soon as possible.  We can also work with you to develop procedures for responding to such requests, or to position your district to defend against litigation stemming from transfer requests.