St. Louis Firefighters Sue School Districts Over Transfers

Jan. 25--ST. LOUIS -- Members of the St. Louis Fire Department filed a lawsuit Tuesday against four school districts over their failure to allow students from unaccredited districts to attend better public schools without paying tuition.

The five firefighters are suing the Lindbergh, Kirkwood, Webster Groves and St. Louis school districts for not complying with a 1993 law that allows children in unaccredited districts -- such as St. Louis Public Schools -- to transfer to accredited schools at their home district's expense.

The firefighters -- who by state statute must live in the city -- said they tried to enroll their children in the three St. Louis County districts but were turned away.

"Today we have a situation in the city where every child is left behind," said Tim Belz, attorney for the firefighters.

Their lawsuit, filed in St. Louis Circuit Court, is the third of its kind filed in the St. Louis region. And like one lawsuit before it -- Turner vs. School District of Clayton -- this one could have statewide implications as parents here and in the unaccredited Kansas City Public Schools have had their transfer requests rejected by suburban school districts.

Firefighter Shawn Ryan, a plaintiff in the latest case, said one St. Louis County district sent him to a website that denied his child's enrollment.

Uncertainty is part of his job, Ryan said. But "I didn't expect that same level of uncertainty would come to planning our daughter's future," he said at a news conference.

Plaintiff Wayne "Mike" Killingsworth said he and his wife spend $20,000 annually to send their four children to Catholic schools -- a bill he has financed through a second job.

Capt. Mike Fitzgerald, not part of the lawsuit, said he's worried about affording tuition for his daughters who are not yet school age.

"This is not a fight about residency requirements," the firefighter said. "It is about grown-ups who refuse to do their job and help children."

County school officials say opening their schools to thousands of city children could overcrowd classrooms. St. Louis school officials say the tuition bills could lead to the district's financial ruin.

In 2010, the Missouri Supreme Court affirmed in the Turner case the validity of the student transfers as set forth in statute. But the high court sent the matter back to lower courts.

A trial on the Turner case is scheduled for March 5. On Feb. 15, the state Supreme Court will hear arguments involving a different case involving a St. Louis girl seeking to transfer to Webster Groves High School.

St. Louis school officials say though the district is unaccredited, more than a dozen district schools are thriving -- including eight magnet and four neighborhood schools and met federal No Child Left Behind requirements last year and have openings.

The firefighters are sending their children to parochial schools.

They have considered all other options, they said, including traditional public and charter schools.

Meanwhile, efforts to address the matter through legislation have become entangled in a broader political battle over school choice. The firefighters also have testified before legislative committees. Lawmakers plan to hold hearings today in Jefferson City concerning possible remedies to the transfer situation.

The news conference was organized by Children's Education Alliance of Missouri, a program financially supported by billionaire and school choice advocate Rex Sinquefield. But a spokeswoman for the Alliance said it is not financially supporting the lawsuit.

?Elisa Crouch covers urban education. Follow her on Twitter at @elisacrouch.

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