This Note first discusses the Breitenfeld decision and then explores the prior cases and legislation leading up to the Breitenfeld decision. In discussing Breitenfeld, this Note describes how the transfer law will affect transferred students, unaccredited districts forced to pay tuition, accredited districts forced to accept transfer students, and the public school accreditation system in Missouri. Finally, this Note proposes that because the adverse consequences outweigh the benefits of the law, action must be taken so that unaccredited school districts can have a fighting chance to become accredited again. Legislative change is necessary because a solution is not forthcoming from the Supreme Court of Missouri, as the court recently affirmed its Breitenfeld holding in Blue Springs R-IV School District v. School District of Kansas City. This ruling confirms that attempting to solve the problems the transfer law causes by challenging the law under the Hancock Amendment will be unsuccessful. Proposed in this Note are two other possible options: that lawmakers amend or repeal the law or that administrators change the Missouri accreditation system.
Missouri’s School Transfer Law: Not a Hancock Violation but a Mere Bandage on Wounded Districts,
79 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol79/iss3/8