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No one wants to make public policy through the courts. The legislative branch, elected by the voters, is the proper realm for setting how tax money is spent.
So it is fitting that the Nebraska Schools Trust lawsuit has been dropped. In dropping the lawsuit, the litigants, including the Grand Island school district, weren't saying that their cause had been lost.
On the contrary, the lawsuit for the most part was successful.
The Legislature and governor in signing into law LB988 met many of the goals of the schools trust lawsuit.
The law shifts the state's focus for funding schools away from historical spending levels to meeting current needs. That shift is especially important to Grand Island because through diligence of board members the district's per-pupil spending rate was low.
The trust always contended that the state's formula did not address that additional funding was required to educate high-needs students. These could be students from impoverished homes or those just learning English.
But, finally, the state has come across to that view, which is only appropriate. State and federal laws have put many burdens on school districts, often without funding. Schools were being told to meet goals but not given any additional resources.
The new state aid bill recognizes the higher funding that is needed to educate special needs children.
Grand Island serves as a good example. Through the new funding formula, Grand Island will receive $4.3 million in additional state aid.
Superintendent Steve Joel said the district will now be able to comply with the state mandate that kindergarten to third grade classes have no more than 20 students.
The district will also be able to hire more English language learner teachers, continue summer and after school programs and perhaps even start a limited transportation system, according to Joel.
On the other side, there are school districts who won't be receiving as much state aid as they had hoped. While this will certainly be a burden to those districts, we hope that the formula will at least remain stable to allow all districts to improve their planning, without being hit with a drastic cut in state funding.
The schools involved with the Nebraska Schools Trust (Omaha, Grand Island, South Sioux City and Lexington) shouldn't be demonized for bringing the lawsuit. Going to court was a strong move that showed just how deep of an issue this was for the entire state, and especially for their students.
School officials acted responsibly in filing the suit, and they are acting responsibly in dropping it.
Their case wasn't heard in court, but it was heard by the state and the Legislature responded in a positive manner.
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