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City School’s funding cut triggers lawsuit
By Dr. Karanja A. Ajanaku | Published  06/6/2008
by Wiley Henry
whenry@tri-statedefender.com

    
    The Memphis Chapter of Operation Rainbow PUSH has filed a suit in Chancery Court to stop the City Council from trimming $66 million from the Memphis City School’s operating budget.
    The council voted 10-3 to reduce the city’s portion of $93.5 million from MCS’s $931 million operating budget. The proposal was the brainchild of freshman Councilman Bill Morrison, who proposed a property tax rate of $3.25 (down from $3.4332) per $100 of assessed value.    
    The eight-page suit, filed June 4 by Atty. Javier Michael Bailey, charges the council and the City of Memphis for failing to fund MCS, which it has done since 1937.
    “Ninety million was determined to be the appropriate funding level to meet the educational needs of the citizenry,” the suit said, “including the provision of a free and appropriate public education....”
    According to the suit, MCS was created as a special school district with its own charter, thereby releasing Shelby County Government as the sole funding source for public education.
     Councilman Joe Brown, who voted against the proposal, said MCS should receive full funding. He said it’s “punitive and criminal” when adults who are in power deny children resources.
    Some of Brown’s council mates see it differently. Councilman Harold Collins argued for an across-the-board cut in services, because the system, he said, is plagued with duplicity.
    The suit, however, claims any reduction in funding will “create substantial disparities in the educational opportunities afforded students across the state.”
    It will force MCS to “cease some operations or surrender its charter, without referendum of the electorate.” According to the suit, the City of Memphis is denying students equal opportunity and equal protection under the law.
    Operation Rainbow PUSH is asking the court to issue an injunction to prevent the council from reducing MCS funding; monitor MCS funding for the next five fiscal years; compel the City of Memphis to respond; and grant PUSH appropriate relief.
    No hearing had been set at the time of this news post.    

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