In response to a lawsuit that the legislature’s alternative to the Initiative 42 ballot measure was confusing, Hinds county Circuit Court Judge Winston Kidd selected the new title for Initiative 42-A from a list provided by the opponents of 42-A: “Should the Legislature establish and support effective public schools, but not provide a mechanism to enforce that right?”
The new title for 42-A effectively changes the intent of the alternative by stipulating public education as a right (not unlike 42). As summarized by House Democratic Leader Rep. Bobby Moak in support of renaming the alternative, “It was only about the title, because the title is [what] will appear on the ballot when voters go to vote in November.”
The original Initiative 42-A Ballot Title simply asked, “Shall the Legislature be required to provide for the establishment and support of an effective system of free public schools?” The ballot summary for Initiative 42-A remains unchanged: “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.”
The Initiative 42 Ballot Title asks, “Should the State be required to provide for the support of an adequate and efficient system of free public schools?” But hidden in the ballot summary which will not be on the ballot, Initiative 42 establishes public education as a fundamental right and grants authority to the chancery courts to determine and enforce adequate funding.
Currently, the state legislature determines how much to fund public schools along with other budget priorities.
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