2015 Ballot Battle Over MAEP Set

With proponents obtaining enough signatures to place Initiative 42 on the 2015 Ballot, the State Legislature acted to create an alternative, HCR 9 or Initiative 42A, which the House and the Senate passed this week.

If approved by voters in November, Initiative 42 would change the Mississippi Constitution to read as follows (underlined and struck-through text indicates added or deleted language):

SECTION 201. 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 provide. The chancery courts of this State shall have the power to enforce this section with appropriate injunctive relief.

Proponents say that this constitutional amendment will require fully funding K-12 education in Mississippi per the MAEP formula that was adopted in 1997 to determine funding. Opponents say that Initiative 42 strips the Legislature of control over education and places that control in the hands of the Chancery Court of Hinds County.

Initiative 42A would change the constitution as follows:

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

Proponents of this alternative argue that this will keep control of education in the State Legislature and focus on results (i.e. the insertion of “an effective system”). Opponents say Initiative 42A only confuses voters and does not allow for a simple “up or down vote” on Initiative 42 by the people of Mississippi.

To pass, a proposal must win a majority and at least 40% of the total votes cast. With competing proposals, passage of either is more difficult. If voters are uneducated before going to the polls, the ballot could also be very confusing.

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