AG to seek dismissal of adequate education fund lawsuit
State Attorney General Jim Hood said today during his budget presentation that his office will file a motion to dismiss the lawsuit filed by former Gov. Ronnie Musgrove on behalf of some school districts seeking fully funding of the Mississippi Adequate Education Program.
Musgrove filed a lawsuit against the state initially on behalf of 14 school districts ---about five other districts have been added. The lawsuit seeks more than $115 million the districts have been underfunded since 2010, based on the Mississippi Adequate Education Program formula. If all state public school districts were to sign on, the lawsuit would seek $1.5 billion in underfunding. He's also asking the court to force lawmakers to fully fund the formula moving forward, which would require lawmakers to add about $250 million more to the more than $2 billion education budget next year.
The MAEP formula is a law adopted by the Legislature in 1997, when Musgrove was lieutenant governor. It is supposed to set K-12 education spending, with a goal of providing equity between affluent and poor school districts with state funding. But it has only been fully funded twice, with lawmakers usually saying the state can't afford the spending it requires.
"I support adequate education funding, but I don't believe our legislature can be bounded by a subsequent legislature," Hood said, responding to a question from Lt. Gov. Tate Reeves asking whether the AG's office will vigorously defend the state against the lawsuit.
Reeves said there is no way the state can provide almost $300 million more to K-12 education unless it takes the money from colleges and universities or corrections, which would gut funding for those programs.
For his 2016 fiscal year budget, Hood asked for a general fund appropriation of $9.5 million, an increase of about $750,255 over his current year's budget.
Hood said that since the legislature this year increased the salary of assistant district attorneys, his office has been losing assistant attorney generals, who can make more money as assistant district attorneys.
Hood said assistant district attorneys can now make about $119,000 a year, which is about $10,000 more than he makes. His salary is set by state law and he isn't seeking an increase, but he wants authority to be able to pay his assistant attorney general's more money.
In the last week, his office has lost three assistant attorney generals who left for other jobs, Hood said.
In other state budget hearings highlights today:
Department of Finance and Administration
Finance and Administration is seeking an increase of $4 million in general fund appropriation, but at the same time, is seeking an $11.6 million reduction in special funds.
Finance and Administration Executive Director Kevin Upchurch said a portion of the general fund increase would go toward hiring 11 new capitol police officers. He said he believes the current Capitol police force of 55 to 60 officers is insufficient based upon shift needs.
"If two call in sick, we have to scramble to find replacements on shifts," Upchurch said.
Department of Mental Health
Mental Health is seeking a $9.5 million general fund budget increase. New Executive Director Diane Mikula said the increase would go toward Medicaid matching funds, hiring of 89 new workers and reclassification of 562 positions, contractual services, transportation needs, and capital outlay and equipment.
Contact Jimmie E. Gates at jgates@jackson.gannett.com or (601) 961-7212. Follow @jgatesnews on Twitter.