ATTORNEY GENERAL MIKE MCGRATH
STATE OF MONTANA

FOR RELEASE: May 5, 2008

CONTACT: Lynn Solomon, 444-0582 or Judy Beck, 444-5774

McGrath Releases Statement on Latest School-Funding Order

HELENA – Montana Attorney General Mike McGrath today released a statement in relation to an order (PDF) in the ongoing lawsuit over school funding in Montana.

In an order released Monday, District Court Judge Jeffrey Sherlock called for an evidentiary hearing on the motion brought by a coalition of school districts, associations and parents. Sherlock also disagreed with the State's contention that changes to the school funding formula rendered the latest challenge moot.

At the same time, however, Sherlock placed the burden of proof on the plaintiffs, writing, "It is Plaintiffs' contention that the funding formula has not changed in order to meet the mandates of the supreme court. The Plaintiffs will be required to prove that to this Court."

"We'll start preparing for the hearing," McGrath said. "It's up to the plaintiffs to present facts to establish that the legislature has not complied with the Montana Supreme Court's order."

The Court did not set a hearing date.

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