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Supreme Court
to Hear 'Durant IV'
MIRS, October 13, 2003
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The Supreme
Court will hear arguments on Tuesday afternoon in the case
commonly known in the legal community as “Durant IV,” a lawsuit
filed by 464 school districts that claim the state did not give
them full-funding for mandated state programs and services as
required under the Headlee Amendment.
Arguments on the case, officially known as Adair v. State of
Michigan (No. 121536), will begin Tuesday afternoon at the
Supreme Court’s sixth floor courtroom in the new Hall of Justice
Building.
The school districts claim the state, through regulations,
executive orders, and changes in statutory law, increased the
level of administrative activities and services required of
school districts without giving them the money to pay for them
between 1979-1995.
The Court of Appeals dismissed the case, 2-1, ruling that school
districts that received money in Durant I, had their concerns
taken care of at that time. All but one of the plantiffs’ claims
could have been raised in the original Durant case, in which the
state paid hundreds of school districts money for unfunded
mandates since 1979.
The school districts argue that they are not pursuing the same
claims addressed in Durant I, and they are proceeding under a
different theory.
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