Montana to Fight Ruling Declaring Public School Funding Unconstitutional

[CShine]

HELENA, Mont. (AP) - Gov. Judy Martz said Thursday the state will appeal a court ruling that threw out Montana's system of financing schools. Martz said officials would file the appeal Friday before the state Supreme Court.

"Our schools, taxpayers, parents and educators deserve answers based in fact and reason," she said, adding that she believes the high court can "provide the guidance to the Legislature" on how to fix the system.

Ruling on a lawsuit brought by a coalition of education groups, Judge Jeffrey Sherlock in April said the state does not pay enough of the cost of education borne by Montana's 440 school districts. Sherlock delayed the effect of his decision until October 2005, giving the Legislature time to come up with a solution, and to allow for an appeal to the Montana Supreme Court. Some officials were critical of the appeal.

"I think the Sherlock decision was appropriate in not coming up with a monetary figure and not being specific with requirements," state Superintendent of Public Instruction Linda McCulloch said. "That allowed the Legislature and the education community to get together and fashion something that would be good for kids."

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