Mississippi Public School Support Amendments, Initiative 42 and Alternative 42 (2015)

Mississippi 2015 ballot
	Initiative 42 / Amendment 42 - Education

Initiative 42 and Alternative 42
Type	Constitutional amendments
Origin	Citizens and Mississippi Legislature
Topic	Education
Status	Defeated

Initiative 42 and Alternative 42, two versions of the Mississippi Public School Support Amendment, were on the November 3, 2015 ballot. Both were defeated. Initiative 42 was an indirect initiated constitutional amendment and Alternative 42 was referred to the ballot alongside Initiative 42 as an alternative measure by the state legislature.

Voters were presented with two questions. The first question asked them to choose between "either measure" or "neither measure" becoming law.

Voting "either measure" signified that the voter wanted either Initiative 42 or Alternative 42 to pass.
The voter then proceeded to the second question and chose their preferred measure.

Voting "neither measure" signified that the voter wanted neither measure to pass.
Current laws would have remained unchanged. The voter did not need to answer the next question.

Next, voters were presented with the actual measures, which they could have voted for or against, regardless of their answer to the first question.

Voting for Initiative 42 would have required the state government to establish, maintain and support "an adequate and efficient system of free public schools," enforced by the state's judicial system.

Voting for Alternative 42 would have required the state legislature to establish, maintain and support "an effective system of free public schools" at the legislature's own discretion.

Election results

Either Measure or Neither Measure
Result	Votes	Percentage
d No	355566	51.66%
Yes	332738	48.34%

Initiative 42 or Alternative 42
Result	Votes	Percentage
a Yes	323805	59.04%
No	224634	40.96%

Election results via: Mississippi Secretary of State
Note: Yes on the second vote means a vote for Initiative 42.

Introduction

Initiative 42 would have required the state government to establish, maintain and support "an adequate and efficient system of free public schools." The Mississippi Chancery Courts would have been empowered to enforce the amendment's mandate. The amendment's stated purpose is "to protect each child's fundamental right to educational opportunity."^[1]

Alternative 42 would have required the state legislature to establish, maintain and support "an effective system of free public schools upon such conditions and limitations as the Legislature may prescribe."^[2] Unlike Initiative 42, Alternative 42 would not have empowered the judiciary to enforce the amendment's mandate, provide for "an adequate... system of free public schools," nor inscribe a "fundamental right to educational opportunity" for each child in the Mississippi Constitution.

Initiative 42 did not mandate a specific method, other than that already prescribed by the Mississippi Adequate Education Program (MAEP), for the state to support "an adequate and efficient system of free public schools." Rather, the state legislature would devise a plan to meet the amendment's requirement. Initiative 42's filing petition did, however, make a recommendation about how to achieve the amendment's mandate. Proponents suggested that at least 25 percent of future general fund revenue generated from economic growth be allocated to public schools until they were adequately and efficiently funded.^[1]

Alternative 42 was the first amendment in the state's history proposed by the Mississippi Legislature to counter an initiated constitutional amendment. According to Secretary of State Delbert Hosemann (R), "This is the first time since 1817, and we became a state 200 years ago, that we have competing legislative amendments. We have 100,000 people who signed the petition to have one amendment and we have the legislature who has signed a counter amendment."^[3]

If a majority had chosen "either measure," then the measure from the second question with the most votes would have become law, so long as that measure also received at least 40 percent of the total number of ballots cast in the election. Because a majority chose "neither measure," neither amendment became law.^[4]

Text of measure

Full text

See also: Competing initiatives in Mississippi

The ballot questions was presented in the following format:

“

INITIATED BY PETITION AND ALTERNATIVE BY LEGISLATURE

Initiative Measure No. 42, “Should the State be required to provide for the support of an adequate and efficient system of free public schools?”

Section 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."

Legislative Budget Office Fiscal Analysis: Because this proposed amendment shifts funding decisions from the Legislature to the court system, it is impossible to provide a specific fiscal impact of Initiative 42. If the court system, acting under the new authority granted by Initiative 42, required K-12 Public Education to be funded at the amount called for by the statutory Mississippi Adequate Education Program, the Legislature would need to appropriate an additional $201,031,129 above the Fiscal Year 2016 budgeted amount. Fiscal Year 2016 revenues are not adequate to support this funding increase without the Legislature having to cut agency budgets or identify new sources of revenue (such as fees or tax increase) to comply with the court's dictate.

Alternative Measure No. 42 A, “Should the Legislature provide for the establishment and support of effective free public schools without judicial enforcement?"

Section 201. "The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools."

Legislative Budget Office Fiscal Analysis: There is no determinable cost or revenue impact associated with this initiative.

VOTE FOR APPROVAL OF EITHER, OR AGAINST BOTH:

( ) FOR APPROVAL OF EITHER Initiative Measure No. 42 OR Alternative Measure No. 42 A

( ) AGAINST BOTH Initiative Measure No. 42 AND Alternative Measure No. 42 A

AND VOTE FOR ONE:

( ) FOR Initiative Measure No. 42

( ) FOR Alternative Measure No. 42 A^[5]

”

Initiative 42

Ballot title

The ballot title was:^[1]

“

Should the State be required to provide for the support of an adequate and efficient system of free public schools?^[5]

”

Ballot summary

The ballot summary was:^[1]

“

Initiative Measure #42 would protect each child’s fundamental right to educational opportunity through the 12th grade by amending Section 201 of the Mississippi Constitution to require that the State must provide and the legislature must fund an adequate and efficient system of free public schools. This initiative would also authorize the chancery courts of this State to enforce this section with appropriate injunctive relief.^[5]

”

Constitutional changes

See also: Article VIII, Mississippi Constitution

Initiative 42 would have amended Section 201 of Article VIII of the Mississippi Constitution. The ~~strikethrough~~ text is language the proposed amendment would have deleted, and the underlined text is the language added by the measure.^[1]

SECTION 201.

Educational opportunity for public school children: To protect each child's fundamental right to educational opportunity ~~The Legislature~~ the State shall~~, by general law,~~ provide for the establishment, maintenance and support of an adequate and efficient system of free public schools ~~upon such conditions and limitations as the Legislature may prescribe.~~ The chancery courts of this State shall have the power to enforce this section with appropriate injunctive relief.^[5]

Alternative 42

Ballot title

The ballot title was:^[1]

“

Should the Legislature provide for the establishment and support of effective free public schools without judicial enforcement?^[5]

”

Ballot summary

The ballot summary was:^[1]

“

This constitutional amendment is proposed as a legislative alternative measure to Initiative Measure No. 42 and would require the Legislature to provide, by general law, for the establishment, maintenance and support of an effective system of free public schools.^[5]

”

Constitutional changes

See also: Article VIII, Mississippi Constitution

Alternative 42 would have amended Section 201 of Article VIII of the Mississippi Constitution. The underlined text is language the measure would have added.^[2]

SECTION 201.

The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools upon such conditions and limitations as the Legislature may prescribe.^[5]

Comparison of constitutional changes

The following table compares the current Section 201 of Article VIII of the Mississippi Constitution to the amended versions found in Initiative 42 and Alternative 42.

Current	Initiative 42	Alternative 42
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.	Educational opportunity for public school children: To protect each child's fundamental right to educational opportunity ~~The Legislature~~ the State shall~~, by general law,~~ provide for the establishment, maintenance and support of an adequate and efficient system of free public schools ~~upon such conditions and limitations as the Legislature may prescribe.~~ The chancery courts of this State shall have the power to enforce this section with appropriate injunctive relief.	The Legislature shall, by general law, provide for the establishment, maintenance and support of an effective system of free public schools upon such conditions and limitations as the Legislature may prescribe.

Background

See also: Public education in Mississippi

MAEP

Education policy is a major issue in Mississippi. To learn more, see "Public education in Mississippi."

The Mississippi Adequate Education Program (MAEP) was passed by the Mississippi Legislature and became law in 1997. MAEP requires the state government to fully fund public education based on a formula.^[6] According to the Mississippi Department of Education, the formula is used to "establish adequate current operation funding levels necessary for the programs of each school district to meet a successful level of student performance as established by the State Board of Education using current statistically relevant state assessment data."^[7]

Since 2009, the state has cumulatively underfunded the formula by about $1.5 billion. Former Gov. Ronnie Musgrove (D) said there was a $250 million shortfall in MAEP funding in 2013, although lawmakers had allocated $400 million to the state's rainy day fund. The MAEP funding requirement has only been met twice since the bill passed in 1997.^[8]

Per pupil spending

Mississippi had the lowest per pupil spending in the American South in 2011, but not in the total United States. The state's per pupil spending in 2011 was $7,928, which means Mississippi ranked 47 out of the 50 states and the District of Columbia in terms of per pupil spending. The following chart shows how Mississippi compares to three neighboring states with respect to number of students, schools, teachers per pupil, administrators per pupil and per pupil spending.

Regional comparison
State	Schools	Districts	Students	Teachers	Teacher/pupil ratio	Administrator/pupil ratio	Per pupil spending
Mississippi	1,069	163	490,619	32,007	1:15.3	1:251	$7,928
Alabama	1,618	170	744,621	47,723	1:15.6	1:293.5	$8,813
Arkansas	1,108	289	483,114	33,983	1:14.2	1:271.3	$9,353
Louisiana	1,437	132	703,390	48,657	1:14.5	1:244.3	$10,723
United States	98,328	17,992	49,521,669	3,103,263	1:16	1:295.2	$10,994
Sources: U.S. Department of Education, National Center for Education Statistics, Common Core of Data (CCD), "State Nonfiscal Public Elementary/Secondary Education Survey", 2011-12 v.1a. National Center for Education Statistics, Table 2. Number of operating public schools and districts, state enrollment, teacher and pupil/teacher ratio by state: School year 2011–12 U.S. Census Bureau, "Public Education Finances: 2011, Governments Division Reports," issued May 2013

Quality Counts 2014

Education Week, a publication that reports on many education issues throughout the country, began using an evaluation system in 1997 to grade each state on various elements of education performance. This system, called Quality Counts, uses official data on performance from each state to generate a report card for all 50 states and the District of Columbia.

Mississippi received a score of 68.9, or a D+ average in the "chance for success" category. This was below the national average. The state's highest score was in "standards, assessments and accountability" at 92.8, or an A average. For "school finance," the state received a 64.9, or a D average. Mississippi, receiving an F average, had the lowest score in the "K-12 achievement" category in the country. The chart below displays the scores of Mississippi and its surrounding states.^[9]

Public education report cards, 2014
State	Chance for success	K-12 achievement	Standards, assessments and accountability	The teaching profession	School finance	Transitions and Alignment
Mississippi	68.9 (D+)	57.1 (F)	92.8 (A)	66.5 (D)	64.9 (D)	75.0 (C)
Alabama	72.0 (C-)	62.2 (D-)	92.2 (A-)	74.8 (C)	71.1 (C-)	85.7 (B)
Arkansas	71.8 (C-)	66.7 (D+)	94.4 (A)	88.0 (B+)	74.1 (C)	96.4 (A)
Louisiana	69.9 (C-)	59.8 (D-)	97.2 (A)	79.6 (B-)	74.9 (C)	92.9 (A)
United States average	77.3 (C+)	70.2 (C-)	85.3 (B)	72.5 (C)	75.5 (C)	81.1 (B-)
Source: Education Week, "Quality Counts 2014 report cards," accessed February 18, 2015 A full discussion of how these numbers were generated can be found here.

The Quality Counts report's methodology can be viewed here.

2016 education spending

The Mississippi Legislature approved a $2.5 billion school spending package for the 2016 fiscal year, which began July 1, 2015. The package will increase funding for K-12 education by $109.9 million relative to the previous year. However, the new education spending package still falls short on meeting MAEP requirements by about $211 million. Although the 2016 package is more than 2008's $2.47 billion package, which met MAEP requirements, inflation since 2008 means that $2.68 billion would need to be spent to match the 2008 amount and meet MAEP standards.^[10]

Gov. Phil Bryant (R) signed the spending bill on March 26, 2015.^[11]

Support of Initiative 42

The campaign in support of Initiative 42 called 42 For Better Schools was being led by Better Schools, Better Jobs.^[12]

Supporters

Organizations

Mississippi Center for Justice^[13]
New Venture Fund
Southern Education Foundation
Mississippi Religious Leadership Conference^[14]
Working Together Jackson^[14]

Individuals

The following individuals signed a letter entitled, "An Open Letter to the Citizens of Mississippi:" by the 42 For Better Schools campaign:^[15]

Jarrius Adams, student
Wynn Alexander, businessman
Tim Alford, physician
Claiborne and Marian Barksdale, public school parents
Jim Barksdale, businessman
Mike & Camie Bianco, baseball coach and public school parents
Robin Boswell, public school parent
Sam Bounds, former superintendent
Lundy Brantley, superintendent
Thomas Brown, Sr., clergy
Reginald Buckley, clergy
Malcolm Butler, professional football player
Joseph Campbell, clergy
George Carlson, former supreme court justice
Susan Chiarito, physician
Alton Cobb, physician and former state health officer
Tommy Cobb, physician
David Cole, former community college president
Debra Dace, superintendent
Shannon Eubanks, principal
Billy Joe Ferguson, superintendent
John Grisham, author
Joyce Helmick, former educator
Isiac Jackson, clergy
William “Bill” Jones, former state board of education chairman
John Jordan, former state superintendent
Jim Keith, school board attorney
Robert Khayat, former university chancellor
Gearl Loden, superintendent
Sissy Lynn, parent of the year title recipient
Joe May, clergy
Charles McLaurin, civil rights leader
Joyce McNair, former superintendent
Ray Morgigno, superintendent
Anna Morris, teacher of the year title recipient
Sondra Odom, school board president
Gayle Parker, circuit clerk
Tom Pittman, former newspaper publisher
Brandon Presley, public service commissioner
Jack Reed, Jr., businessman
CJ Rhodes, clergy
Harold Roberts, clergy
Jason Shelton, mayor
Adrian Shipman, citizen of the year title recipient
Errick Simmons, city council member
Dwalia South, physician
Leeson Taylor, II, superintendent
Mike Waldrop, former superintendent
Hollis Watkins, civil rights leader
Dolphus Weary, community and religious leader
Lamar Weems, physician
William Winter, former governor

Arguments in favor

A Better Schools, Better Jobs online ad promoting Initiative 42.

The 42 For Better Schools campaign listed the following arguments on its website:^[16]

“

Initiative 42 requires our legislators to fulfill their promise to make education funding a priority.
Initiative 42 requires legislators to release our hard-earned tax dollars that we’ve already paid for our children’s public education.
Initiative 42 allows the courts to hold our legislators accountable if they fail to follow their own law to fully fund our schools.

By voting for Initiative 42, you are voting for change; you are investing in the future of our children.^[5]

”

The Mississippi Religious Leadership Conference issued a statement, arguing:^[14]

“

Our support is based on our belief that insuring all children have the opportunity to receive a high-quality public education is both our moral and financial duty. We believe this was the motivation of the people who initiated the referendum and of the nearly 200,000 people across the state who signed the petition, many more than the required 107,000.^[5]

”

Heather Wainwright, a 42 For Better Schools campaign member, wrote in a column for The Starkville Daily News:^[17]

“

As the mother of two kids in the Starkville Oktibbeha School District, I see first-hand how our schools are shortchanged by the Legislature, and I know how this underfunding hurts our students. Look around the state and you will see schools without adequate supplies such as textbooks and computers. Facilities are dilapidated, buses are unsafe and a quality learning environment is sorely lacking.

The more than 5,000 children in our local city and county schools have been shortchanged nearly $17 million by the Legislature since 2008. That’s enough money for 170,000 textbooks or 56,000 computers or nearly 50 new teachers for 10 years. When our state leaders shortchange our schools, they create a financial imbalance and they pressure our cities and counties to raise local taxes to try to bridge the gaps. Enough is enough. This is our tax money, not theirs. Initiative 42 offers a responsible, common-sense approach to funding public education. It requires no budget cuts to any state agencies using the seven-year phase-in plan that Mississippi voters gave to lawmakers in 2014. The numbers bear this out. Supporters of Initiative 42 understand Mississippi’s limited financial resources and are not asking for complete funding immediately upon passage of the constitutional amendment.^[5]

”

Working Together Jackson argued:^[14]

“

We believe that one of the most pressing issues is the full funding of the Mississippi Adequate Education Program. The future of our community and our state depends on having a well-educated populace. The quality of life and the economic future of our state require well-prepared people in all professions and all levels of employment.^[5]

”

Opposition to Initiative 42

Opponents were those who were against Initiative 42, but supported Alternative 42.

Opponents

Officials

Gov. Phil Bryant (R)^[18]
Lt. Gov. Tate Reeves (R)

Organizations

Mississippi Republican Party
Americans for Prosperity^[19]
Mississippi Republican Party’s State Central Committee^[20]

Arguments against

Spencer Ritchie, executive director of the Mississippi Republican Party, argued:^[21]

“

The fact of the matter is that under Republican leadership we’re making tremendous progress in education. This year, Republicans put more money into our public schools than ever before in our state’s history. We supported teachers with the second largest pay raise in Mississippi history. We invested in early childhood literacy with $39.5 million in reading coaches and the Third Grade Gate reading assessments. We expanded charter schools, giving parents more power over their children’s education.

There are good people – on both sides of the issue – who are involved in this ballot initiative because they truly care about public education. But, the truth is the radical shift in governance proposed by Initiative 42, and driven by non-Mississippi special interest groups, cannot be the answer. That is why the Mississippi Republican Party is urging Mississippians to vote against amending the constitution by voting “against both,” and then for the alternative initiative, 42A, if the constitution is to be amended.^[5]

”

Lieutenant Gov. Tate Reeves

Lieutenant Gov. Tate Reeves (R) criticized Initiative 42's empowerment of judges to enforce "an adequate and efficient system of free public schools." He argued:^[22]

“

Initiative 42 gives this ability to this one judge to make the decision on how billions and billions and billions of dollars are spent. If you support the notion of allowing one judge to make that decision, perhaps you should vote for the initiative. If you don’t support that, if you think you ought to go to the polls and elect your representatives to decide how to spend the billions of dollars sent to Jackson then that’s your prerogative.^[5]

”

Sid Salter, a columnist for the Jackson Clarion-Ledger‎, argued that Mississippi's government has underfunded not just education, but transportation, healthcare, law enforcement and other government programs. He contended that putting education funding in the constitution would be a "fiscal disaster" for other functions of state government. He stated:^[23]

“

The battle cry behind support for Initiative 42 and former Gov. Ronnie Musgrove's even more misguided MAEP lawsuit is that we've underfunded MAEP by $1.5 billion in recent years. The fiscal reality is that K–12 education isn't alone in that status and hasn't been in the past.

We've underfunded highways and bridges by $1 billion over the same period and we need another $500 million annually to keep pace with maintenance and construction. Those are the roads and bridges that school buses full of children are riding over, by the way, on the way to school.

Public healthcare is underfunded to the point of threatening the viability of community hospitals. The state's prison system is ragged and operated in many cases by private prison companies that are operating extremely questionable facilities.

What about community colleges? What about IHL? What about workforce training? What about early childhood education? What about law enforcement? What about the non-education aspects of economic development?

Putting MAEP funding levels in stone in the poorest state in the union is great for public education but is an almost certain recipe for fiscal disaster for every other function of state government. What happens in the next recession? What happens after the next Katrina-type natural disaster?

That's the fiscal aspect of this debate. The political aspect is a more blunt discussion.^[5]

”

The Mississippi Center for Public Policy, a think tank promoting “limited government, free markets, and strong traditional families,” issued a five-point summary and critique of Initiative 42:^[24]

“

1. The amendment says nothing about funding.
2. It gives a judge in Hinds County the power to dictate to the Legislature how much to spend and how to spend it. The Legislature will have no control over the amount of funding or how the Department of Education spends your taxes.
3. It gives a judge in Hinds County the power to dictate how your local district educates your children, and at what cost.
4. It gives a judge in Hinds County the power to force the Legislature to either make drastic cuts to community colleges, universities, public safety, and other agencies, or raise taxes on Mississippians, or both!
5. Beware of unanticipated consequences!^[5]

”

Mississippi Republican Party Chairman Joe Nosef argued:^[20]

“

Initiative 42 is a power grab, pure and simple. It gives a single judge in Jackson the power to rewrite policy, and it puts locally elected members of the House and Senate at the mercy of that judge,” continued Nosef. “And, we’re not just talking about a single education funding formula. Initiative 42 gives that one judge policy-making powers that could impact policies from infrastructure spending to taxes, and much, much more.”^[5]

”

Former Gov. Haley Barbour

Former Gov. Haley Barbour opposes both measures. He said:^[25]

“

Proponents tell you this initiative is about MAEP, but don’t be deceived. The constitutional amendment never uses the words “Mississippi Adequate Education Program” or “MAEP.” Initiative 42 does not require the state to fund the MAEP formula at 100 percent, or any percent. It gives one chancery judge in Hinds County the power not only to set K-12 education spending but to make education policy decisions in order to guarantee Mississippi’s children “an adequate and efficient education.” This week education attorney and Initiative 42 supporter Jim Keith conceded this point, saying a judge could make and enforce policy decisions, including school consolidation. Remember, Initiative 42 is not about MAEP, nor is it limited to just spending levels.

Finally, the constitutional change sought by Initiative 42 does not say the huge spending increases sought by its proponents can be phased in. The judge who sets the required education spending levels is given no authority to phase in the increases.

Mississippi voters should be wary of Initiative 42. This amendment is terribly irresponsible, as it will shift power from the Legislature to a Hinds County judge with no regard for potential cuts to priority areas like universities and community colleges. While Mississippi spent more on K-12 education when I was governor than under any other governor in our history, I must urge voters to read the language of the initiative before casting a vote in November, and I think you’ll agree: 42 is a dangerous amendment for Mississippi’s future.^[5]

”

Campaign finance

See also: Campaign finance requirements for Mississippi ballot measures

The campaign finance information on this page reflects the most , which covered through February 16, 2016.

Better Schools, Better Jobs PAC led the campaign in support of Initiative 42. The campaign reported $5.95 million in contributions and $5.79 million in expenditures.^[26]

Ballotpedia did not identify a committee registered to support Alternative Measure 42.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$5,950,414.67	$0.00	$5,950,414.67	$5,798,408.65	$5,798,408.65
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$5,950,414.67	$0.00	$5,950,414.67	$5,798,408.65	$5,798,408.65

Support

The following table includes contribution and expenditure totals for the committee in support of the initiative.^[27]

Committees in support of Initiative 42
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Better Schools, Better Jobs PAC	$5,950,414.67	$0.00	$5,950,414.67	$5,798,408.65	$5,798,408.65
Total	$5,950,414.67	$0.00	$5,950,414.67	$5,798,408.65	$5,798,408.65

Donors

The following table shows the top donors to the support committee:^[27]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
New Venture Fund	$5,271,948.00	$0.00	$5,271,948.00
Southern Education Foundation	$480,000.00	$0.00	$480,000.00
Janet Ott	$20,000.00	$0.00	$20,000.00
Alexander Wynn	$15,000.00	$0.00	$15,000.00
Claire Silberman	$5,000.00	$0.00	$5,000.00

Opposition

Ballotpedia did not identify a committee registered to support Alternative Measure 42.

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

Supporting Initiative 42

The Jackson Free Press editorial board argued:^[28]

“

Improving education in Mississippi should be the priority of manufacturers and bankers and insurance agents and realtors and restaurateurs. If you're one of those people, it's time to tell your respective association that it's time to quit carrying water for the politicians who keep letting us down and to help create a better future for Mississippi's schools—and, by extension, its workforce.^[5]

”

The Jackson Clarion-Ledger editorial board called on the state government to "stop cutting, start funding education." While the paper did not endorse Initiative 42, the editorial board suggested the initiative as one way to require the state to act. The editorial board wrote:^[29]

“

The tax coffers of the state of Mississippi are overflowing with more than $100 million in unanticipated revenue and $622 million in reserves.

Mississippi's plan so far? To cut education. Again...

In 2008, lawmakers fully funded public schools under the Mississippi Adequate Education Program, but they have gutted them by millions since, leading districts to give pink slips to more than 2,000 school employees, including 800 teachers. This year's shortfall could be as high as $280 million...

We say to lawmakers that even if you hate public schools, please recognize that 500,000 of our children attend there, and they are your obligation as well as ours.

Yes, Mississippi is a poor state, but the best way for our state — and our children — to take a big step up is through education.

The more students we educate, the more they can achieve. The more students we educate, the better jobs they will have in Mississippi. The more students we educate, the fewer prisons we will have to build in the years to come.

This state been waiting for generations for our children to receive a quality education, and it is past time for this state to start providing it.^[5]

”

Noteworthy events

Attorney Jim Keith explaining Attorney General Hood's opinion.

Teacher support

The question arose as to whether public school teachers, as public employees, could campaign for Initiative 42 or Alternative 42. Attorney General Jim Hood (D) concluded, "school employees may voluntarily participate in political activities as long as their participation in such activities is limited to the hours when they are not involved in their work-related duties."^[30]

Concerns were brought to Hood by Sondra Odom, President of the Pearl School Board, who said a number of school employees wanted to promote Initiative 42, but also did not want to unknowingly engage in unconstitutional activities.

Responding to Hood, Jim Keith, an attorney specializing in education law, called on public school administrators, teachers and other employees to support Initiative 42. He further explained Hood's opinion, saying, "They absolutely can support Initiative 42 as long as they are on their own time." He also noted that school employees can use state resources to educate the public on the initiative, but would need to use their own personal resources to promote and advocate for Initiative 42.

Lawsuits

See also: List of ballot measure lawsuits in 2015

2015 measure lawsuits

By state
Mississippi • Washington • Wisconsin
By lawsuit type
Ballot text • Constitutionality

Legislature v. Shipam

Summary: The Mississippi Supreme Court reversed the Hinds County Court's decision and restored the original legislative text of Alternative 42.

On March 24, 2015, Adrian Shipman, a mother of two children in the Oxford School District, filed a lawsuit against Alternative 42 in the Hinds County Court. Shipman alleged that the measure's language does not accurately reflect legislative intent and "creates significant risks of confusing the electorate. ... If the ballot language doesn’t help voters better understand the deception behind this alternative, then the language must change so voters will know it’s a sham." James Keith, an attorney representing Shipman, elaborated, "This legislative alternative is meant to confuse voters into killing the real school-funding initiative, Number 42. Mrs. Shipman appealed its official wording because she believes voters must be able to tell the difference between the real initiative and the decoy initiative."^[31]

In Mississippi, any citizen can challenge the language of a ballot measure and a judge must decide whether the language should be rewritten within 10 days of the filing.

Judge Winston Kidd heard the case on April 2, 2015.^[32] He ruled in favor of Shipman, saying, "The ballot title will be changed and altered by this court." Kidd found Alternative 42's language to be not in accordance with state law.^[33]

Gov. Phil Bryant (R) disagreed with Kidd's ruling and alluded to Initiative 42's empowerment of courts to enforce "an adequate and efficient system of free public schools." He said, "It [the ruling] only proves what we we're [sic] saying is [that] the authority of the legislature, now the authority of the Attorney General, is being turned over to a local Hinds County Judge, and we just think that's a wrong decision."^[34]

Lt. Gov. Tate Reeves (R) and House Speaker Philip Gunn (R-56) appealed the ruling to the Mississippi Supreme Court.^[35] Gov. Bryant asked to intervene in the case, arguing Judge Kidd had no right to change the alternative measure's language.^[36] The appeal is legally significant because statute appears to forbid appealing a court ruling on ballot initiatives. Shipman's attorney, James A. Keith, responded, "Not only has the Legislature not was a right to appeal the circuit court's order, it has forbidden such an appeal; ironically, the Legislature seeks to appeal a ruling that it specifically made unappealable." The defendants, however, argued that the supreme court should determine its own jurisdiction. They also contended that the statute "does not, and was never meant to, provide for appeal of ballot titles for legislative alternatives." Attorney General Jim Hood (D) filed his own statement, noting that Judge Kidd's ruling could not be appealed.

The Mississippi Supreme Court heard arguments on June 9, 2015.^[37] On August 13, 2015, the court, in a split decision, ruled that state statute empowers circuit judges to rewrite ballot questions for citizen initiatives, but not alternative initiatives referred by the Mississippi Legislature.^[38] Therefore, "the Circuit Court of Hinds County heard the appeal without any jurisdiction to do so" and the court reinstated the original language of Alternative 42.^[39]

Michael Rejebian and Jonathan Compretta v. Gov. Bryant and Secretary of State Delbert Hosemann

Summary: The plaintiffs, the 42 For Better Schools campaign, dropped the lawsuit on September 18, 2015 after state officials said the challenge could interrupt military voting.

Co-managers for the 42 For Better Schools campaign, Michael Rejebian and Jonathan Compretta, filed a lawsuit September 14, 2015 in the Hinds County Court to have Initiative 42's full text printed on the ballot. Gov. Bryant and Secretary of State Delbert Hosemann were listed as defendants, as both were involved in the ballot preparation and approval process. Plaintiffs argued state officials violated Section 273 of the Mississippi Constitution because the approved ballot omits original language that proposes a multi-year process to fund K-12 schools.^[40]

In a press release regarding the lawsuit, plaintiffs stated:^[41]

“	To allow elected state officials to intentionally manipulate an official ballot to gain an advantage on Election Day would be a gross disservice to the nearly 200,000 Mississippians who signed petitions to place Initiative 42 on that ballot^[5]	”
—Jonathan Compretta and Michael Rejebian.

The group dropped the lawsuit on September 18, 2015 after state officials claimed the lawsuit might delay military voting. In a September 18 press release, the 42 For Better Schools campaign said that although they were certain the challenge would not have interrupt military absentee voting, they would rather not take the risk.^[42]

Gov. Bryant issued the following statement on the challenge:^[43]

“	This lawsuit was a political stunt and shows how far this organization will go to push their liberal agenda of taking power from the people’s elected representation and putting it in the hands of a judge in Jackson.^[5]	”
—Gov. Bryant