MISSOURI

Constitutional Clause/Language

“A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the general assembly shall establish and maintain free public schools in this state within ages not excess of twenty-one years as prescribed by law.” Mo. Const. art. IX, s. 1(a).

“In event the public school fund provided and set apart by law for the support of free public schools, shall be insufficient to sustain free schools at least eight months in every year in each school district of the state, the general assembly may provide for such deficiency; but in no case shall there be set apart less
than twenty-five percent of the state revenue, exclusive of interest and sinking fund, to be applied

annually to the support of the free public schools.”  Mo. Const. art. IX, s. 3.

“. . . Certain funds . . . shall be paid into the state treasury ... and sacredly preserved as a public school fund the annual income of which shall be faithfully appropriated for establishing and maintaining free public schools, and for no other uses or purposes whatsoever.”  Mo. Const. art. IX, s. 5

Major Court Decision: Committee for Educ. Equality v. State, 878 S.W.2d 446 (Mo. 1994).

Result: Financing System Overturned

Summary:  The Missouri Supreme Court held that since education is explicitly stated in the constitution, it is a fundamental right.  Additionally, the court held that any “deviations” from equality among school districts, offends the constitution’s education clause.

Key Quotes:

“. . .  The General Assembly ... must provide a child living in a poor school district the same opportunity to receive substantially the same educational [sic] as a child living in a rich district, and that deviations from equality in the distribution of resources are not permissible except to provide resources either (a) to the least advantaged or (b) for specifically identified educational needs. The court further determines and declares that the present system of funding public schools in Missouri does not comport with the requirements heretofore declared in this paragraph.”  Id. at 449.

“The Missouri Supreme Court has adopted the federal test for determining whether a right is ‘fundamental,’ Mahoney v. Doerhoff Surgical Services, 807 S.W.2d 503, 512 (Mo. 1991).  Fundamental rights are those rights ‘explicitly or implicitly guaranteed by the Constitution.’”  Id. at 13.

“Whether educational opportunity is a fundamental right versus a qualified right will turn on Article IX of the Constitution.   The history of Article IX does not support Plaintiffs’ argument that there was intended to be a guarantee of absolute of equity, equality or adequacy in dollars spent or facilities from district to district.”  Id.

“... ‘The 1875 Constitution expressly recognized ‘the county school funds’ and provided that the income there from shall be faithfully appropriated for establishing and maintaining free public schools in the several counties of this State.’  Article IX, Section 8, Constitution of 1865. The removal of the 1865 Constitution’s equalization language and the express recognition in the 1875 Constitution of the county school funds demonstrate an intention that funds from various revenue sources need not be equalized among the state’s school districts and a commitment by Missourians to finance public schools only partially with state funds.”  Id. at 15.