Issue involves new graduation rules that aren’t funded

Suttons Bay could be one of a handful of schools statewide listed as plaintiffs in a lawsuit over increased graduation requirements mandated by the state without additional funding.

Members of the Board of Education voted unanimously to authorize “possible participation” in a lawsuit to recover costs resulting from increased graduation requirements adopted a year ago. Beginning with the Class of 2010, all students statewide will be required to take four years of English, three years of both mathematics and science, two years of fine arts, and two years of foreign language.

This year’s seniors were required by the district to take three years of English, two years of science, and two years of math. The only state requirement was to take one credit of civics. At most state schools, foreign language has been recommended — but not mandated — for students on a college preparatory track.

Superintendent Michael Murray told board members at Monday’s monthly meeting that he had been contacted by representatives of the Thrun law firm, who asked him about the likely impact of the new state graduation requirements on the Suttons Bay district, which has the highest enrollment in the county. In the 1980s, Thrun successfully represented school districts throughout the state in similar litigation over state-mandated special education requirements that were also not funded by the state.

“When I first spoke with him, he said that the local schools in his area (Bloomfield Hills) indicated there would be no additional cost to their district,” Murray said. “Of course not, they receive about $12,000” per student, compared to about $7,100 for each Suttons Bay student.

Murray said the additional requirement that all students successfully take Algebra II will likely be the most difficult and taxing effort for the school.

“At Suttons Bay not all students take Algebra II,” Murray said. “In order for all kids to meet these requirements, we’re going to need remediation support, not to mention additional textbooks.”

This year, the district spent $9,000 on new science textbooks to align more closely to the state benchmarks in the areas of physical and earth science.

“We’re fortunate that we don’t have to build and equip new science labs,” said Murray, adding he doesn’t know what the additional cost to the district will be.

Board members said they don’t disagree with the state’s efforts to provide a rigorous curriculum to students. However, they are frustrated with officials in Lansing mandating changes without the necessary funding.

“We’re not trying to argue that they’re wrong … but there should be assistance to help implement (the requirements) for districts which are already cash-strapped,” the superintendent said.

Murray said Thrun is asking four or five schools from across the state to be the initial plaintiffs, with a taxpayer from each district named individually in the complaint. As in the Durant lawsuit over special education mandates, board Trustee Roger Merriman has agreed to be listed.

It is hoped that 400 to 500 school districts statewide will sign on to the lawsuit with the cost of case spread among all litigants, Murray said. If enough support is not pledged, Murray said Thrun may not follow through on the lawsuit plan. The cost of the similar special education lawsuit, which took six to eight years to settle, was $500 to the district.

Suttons Bay received a state foundation allowance of $7,085 per student this year.

Fifty-three percent of the allowance goes toward staff salaries ($3,806); 12 percent is for health benefits ($826); and 10 percent is earmarked for retirement ($674). The remaining 25 percent is spread across Social Security costs, utilities, supplies, purchased services and cash payments in lieu of benefits.

In other business during the regular meeting, the group took no action as a board but individually signed a letter addressed to the Michigan Association of School Boards challenging the organization to deal with the issue of “equity” in school financing in the state.

“They’ve been reluctant to deal with the equity issue,” Merriman said, adding that the district pays $2,300 a year to the association in dues. “We feel they are obligated to take a position.”