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The proposition 42 is a hot item this year. These are facts and fiction about the constitutional amendment on the ballot this year. This is critical to the future of public education as we know it.
• Fiction: Every state has a constitutional mandate for public education.
• Fact: Every state except Mississippi has a constitutional mandate for public education. The MS Legislature can do whatever it chooses when it comes to public education with no oversight by any other branch of government or the citizens of Mississippi.
• Fiction: Mississippi adequately funds public education.
• Fact: Mississippi funds public education in the amount of $8,931.92* per student which is among the lowest in the nation.
Although the Legislature established a funding formula in 1997 to fund public education adequately, the Legislature has fully funded the formula only twice in the last 18 years, ($1.7 billion under-funded since 2009).
• Fiction: Public education receives approximately 60% of the State’s budget.
• Fact: Public education receives approximately 17% of the revenue the State takes in. While public education receives approximately 55% of the general fund, the general fund is less than half of the State’s overall budget.
• Fiction: The State simply does not have the revenue to fully fund the MAEP formula.
• Fact: For three of the last four years, the Legislature has enacted corporate tax cuts in the approximate amount of $310 million. Additionally, the Legislature fully funded the rainy day fund and has enacted voucher bills that in a few years could cost the State up to $45 million per year. Last legislative session, the State’s leadership proposed massive tax cuts with no mention of shortfalls to state agencies.
• Fiction: If Initiative 42 passes, a tax increase and/or budget cuts to other agencies, IHL, and Community Colleges will be necessary in order to fully fund MAEP.
• Fact: Funding can be phased in over time, as was suggested in the petition process, by using 25% of growth to augment the previous year’s funding. During years the economy does not grow, additional money will not be put into MAEP.
• Fiction: If Initiative 42 passes, a judge in Jackson will determine how much money each school district receives in funding.
• Fact: A judge in Jackson will not make a final decision on school funding. If there is any litigation, it will certainly end up in the Mississippi Supreme Court. The Legislature, by its own statute, set the venue for lawsuits against the State in Jackson. The Legislature could set the venue where litigation is filed or any other forum it believes is more appropriate.
• Fiction: If Initiative 42 passes, there will be multiple lawsuits by people seeking money damages for the State’s failure to adequately educate their children.
• Fact: If there is litigation over whether the State has met its’ obligations under Initiative 42, the relief obtained will be in the form of injunctive relief only, not money damages. The alternative proposed by the Legislature would enable someone to file a lawsuit in circuit court seeking money damages or in chancery court seeking injunctive relief.
