Judge keeps parts of Columbia Public Schools lawsuit over charter school

COLUMBIA, Mo. (KMIZ) -

A Cole County judge will let some of Columbia Public Schools' lawsuit over a new charter school in Boone County proceed.

Judge Emily Fretwell decided on Monday to let CPS pursue claims against the state, Attorney General Catherine Hanaway and the State Board of Education over a 2024 law that permitted a new charter school in Boone County.

CPS had claimed that the legislature passed an impermissible "special law" when it singled out Boone County for a charter school in Senate Bill 727. The law opened up charter school applications for a county meeting certain population brackets, of which only Boone County qualified for.

Lawyers for the state tried arguing that it was protected by sovereign immunity. Fretwell said lawsuits like CPS's are the proper way to challenge the constitutionality of state laws.

"To hold that the State is immune from actions in equity would effectively insulate the legislature from any action scrutinizing its adherence to mandatory constitutional procedures for enacting legislation," Fretwell wrote. "This Court finds that sovereign immunity does not extend to claims seeking equitable or declaratory relief."

Fretwell also turned down the state's argument that CPS was limited to requesting judicial review of the board's decision to allow Frontier to open a charter school, rather than challenging the constitutionality of the law.

Fretwell did dismiss CPS's claims that the General Assembly didn't give proper notice of the law. She also dropped the state and Hanaway from claims that the board of education unlawfully allowed Frontier to operate a charter school.

The decision only allows the case to move forward, and does not yet decide the merits of the claims. A hearing is set for August 3.