"It becomes an ironic situation, where the people who do not have the right to vote right now feel their rights are being violated ... but what about the people who want to split, who are being prevented from doing it and being indentured by a majority saying, you can't do it because we need your tax money? It's a two-edged sword."

State law sets up a few ways to go about creating smaller school districts, with different voting rules. For instance, if citizens or a school district petition for a split, then everyone in the existing school district can vote. But if cities seek the split, then only voters in the proposed new school district can go to the polls.

The lawsuit claims the difference is irrational and results in an uprooted school board — including representatives elected by the west side to represent the west side — without a say of all those affected. A feasibility study, examining financial implications of a split, also states the split will require tax increases for the west side, without its say.

The lawsuit also claims magnet educational programs for students with disabilities could become a casualty of a district split, violating those students' rights to a free and appropriate public education.

---

E-mail: jtcook@desnews.com; csmith@desnews.com