Open Enrollement: Judge Grants Taxpayers' Motions to Intervene in Turner Case

Judge David Vincent agreed Friday to grant taxpayer motions to intervene in the .

Three Clayton taxpayers—Janis Abrams, Judith Glik and Elizabeth Wack—filed such a motion, and several people from St. Louis City have filed similar motions, said Chris Tennill, chief communications officer for the .

At issue is whether students from unaccredited districts can choose to attend any accredited school district in the same or adjoining county, and whether the accepting district has any discretion in the matter. In July 2010, the Missouri Supreme Court issued an opinion in favor of students wishing to transfer.

The Clayton taxpayers in the case argue that the state of Missouri has not provided any funding to cover the transfer of students from unaccredited districts to accredited ones, a pleading document provided by Tennill states. Further, the taxpayers argue that it would be unconstitutional and unenforceable to ask St. Louis City schools to pay for the transfers, consequently leaving Clayton schools unable to pay.

Attorney Mark Bremer is representing both the taxpayers and the Clayton district, Tennill said. But the law prohibits schools from making the argument submitted for consideration by the taxpayers.

The has about 300 students from the Riverview Gardens School District and St. Louis Public Schools (SLPS)—both of which are unaccredited—on a wait list to attend district schools, Diana Gulotta, Assistant Superintendent for Communications, said. This decision could make a substantial impact on the district.

"When we first started hearing about Turner versus Clayton, it seemed like students would be able to go wherever they wanted and that was scary to us because we have attendance zones with our schools so we can keep class sizes that are reasonable," Gulotta said . "And when you have this unknown factor affecting the school district, it can be quite frightening."

Reporters at the on Friday were told there wasn't enough room to accommodate them at the hearing. Attorneys afterward provided them with copies of the order granting the motions to intervene.

The state of Missouri has 30 days to respond to the motions to intervene. A trial in the Turner v. Clayton case remains set for Sept. 26.