1890 Constitutional Language §201 It shall be the duty of the legislature to encourage, by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement, by establishing a uniform system of free public schools, by taxation or otherwise, for all children between the ages of five and twenty–one years, and, as soon as practicable, to establish schools of higher grade.

When Did The Language In the 1890 Constitution Change? 1960 Changed to: The Legislature may, in its discretion, provide for the maintenance and establishment of free public schools for all children between the ages of six (6) and twenty- one (21) years.

1987 Changed to the current language: The Legislature shall, by general law, provide for the establishment, maintenance and support of free public schools, upon such conditions and limitations as the Legislature may prescribe. Still totally discretionary, in spite of the word “shall” because of the phrase “upon such conditions and limitations as the Legislature may prescribe.”

Proposed Constitutional Language Through Citizens’ Initiative 42 §201 Educational Opportunity for Public School Children To protect each child’s fundamental right to educational opportunity, the State shall provide for the establishment, maintenance and support of an adequate and efficient system of free public schools. The chancery courts of this State shall have the power to enforce this section with appropriate injunctive relief.

Legislature’s Alternative Initiative 42A in Response to the Citizens’ Initiative The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools. 1.Replaced “adequate and efficient” with “effective” 2.Enforcement is not addressed and thus is not restricted to injunctive relief.

Initiative 42: Fact or Fiction? Fiction: Mississippi, along with every other 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.

Initiative 42: Fact or Fiction? Fiction: Mississippi adequately funds public education. Fact: Mississippi funds public education in the amount of $8,932.92* per student which is among the lowest in the nation. Although the Legislature established a funding formula in 1997 to adequately fund public education (MAEP), the Legislature has fully funded the formula only twice in the last 18 years, ($1.7 billion under-funded). *MDE Children First Report Card

Initiative 42: Fact or Fiction? 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.

Initiative 42: Fact or Fiction? Fiction: K-12 continues to take up a large portion of the state’s budget. Fact: From FY08 to FY16, the total K-12 budget grew by 2.7% while the rest of the state budget grew by 47.64%, or almost 20 times the rate of growth in K-12. In FY08, K-12 made up 28% of the total state budget In FY16, K-12 made up 21.4% of the total state budget

Initiative 42: Fact or Fiction? 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 venue where litigation is filed or any other forum it believes is more appropriate.

Initiative 42: Fact or Fiction? Fiction: The Legislature has put record revenues into public education over the last four years. Fact: In FY08, the Legislature allocated state revenues in the amount of $5204 per student (this does not include federal funds) In FY15, the Legislature allocated state revenues in the amount of $5229 per student (excluding federal funds)

Initiative 42: Fact or Fiction? Fiction: The State simply does not have the revenue to fully fund the MAEP formula. Fact: Over 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.

Initiative 42: Fact or Fiction? Fiction: If Initiative 42 passes, a tax increase and/or budget cuts to other agencies, IHL and Community Colleges will be necessary to fully fund the MAEP formula. 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.

Initiative 42: Fact or Fiction? 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 lawsuit in circuit court seeking money damages or in chancery court seeking injunctive relief.