I have been reading the intelligent discussion about the 14th Amendment and the school buildings and thought I would share what I learned in Ed. Law last summer.
1) Martinez v. Bynum (1983) ruled if bona fide residence is established as the requirement for attending a school, municipals are legal under the Equal Protection Clause of the 14th Amendment. This case speaks specifically to MSDs.
2) Baker v. East Baton Rouge Parish- when Baker established their own MSD the buildings, formerly operated by EBRP, were passed to Baker. The courts ruled that the buildings were built in trust to serve the children of that community. Baker did not pay a dime!
3) Two cases, one in Indiana, the other Illinois (names escape me) when the municipal built a new school and decided to use the old school for town government the courts passed the ownership back to the county since the buildings were no longer being used in trust for the children. School buildings are therefore established as a trust for the children they serve. As long as MSDs use them for the children, then they will be used for the children they were built for.
Legal precedent is there OTP for the buildings to pass to the MSDs as long as the buildings are strictly used for the children and their education.
By Chris McCoy
download this issue
click here to see more »