David T. Bishop: On special-education funding, let us resolve ...

To: President Barack Obama, U.S. Senators, U.S. Government, Minnesota U.S. Congress Members, Governor Tim Pawlenty

Re: Complaint against U.S. government

The following is a legal complaint and is stated publicly and truthfully. It is put forth on behalf of the State of Minnesota against the government of the United States. It is being put forth in the Court of Public Opinion and will expect to be dealt with seriously and justly by the executive, legislative and judicial authorities of the federal and state governments.

WHEREAS the federal government mandated major sums of money to be appropriated by the State of Minnesota more than 10 years ago to be spent for special education staff and programming in Minnesota public schools, and

WHEREAS the same Act of Congress promised federal funding to the State of Minnesota to partially cover the cost of such special education staff and programming, and

WHEREAS the State of Minnesota has paid as the state share of these costs to its local public school systems several billion dollars in the last 10 years, and local school systems have used these state funds to partially cover the special education costs, with local property taxes in the school districts having been increased to fund those costs, which were legally to be covered by the federal government in accordance with the federal mandate, and

WHEREAS, as of April 2009 the federal government has failed to pay to the State of Minnesota the sum of $2.2 billion for its share of special education costs, with such sum being now justly and legally a present debt by the federal government to the State of Minnesota;

FURTHER this citizen demands that this complaint be carried into legislative action in both houses of the Congress and thereby duly added to the current expenditures budget for execution by the President (POTUS) for payment to be used by the State of Minnesota this year and to be added by the Governor of Minnesota to his current budget.

FURTHER this complaint urges the Governor of Minnesota to obtain opinion from the Minnesota Attorney General covering all possible legal methods consistent with the constitutions of the state and federal government to force prompt payment of this debt of $2.2 billion. Such methods may include the use of sheriffs to attach federal funds on deposit in state or federal banks and the use of Minnesota National Guard troops to protect such legal actions.

FURTHER the Minnesota Legislature is urged to instruct its legislative auditor to forth with commerce a fiscal audit to determine the extent to which the failure of the federal government to pay its share of its mandated special education costs has caused property taxes to be increased for the past 10 years, and when calculated these property taxes shall be entitled to credits of such sums on future taxes and these sums shall also be collected from the federal government.

This complaint is made this 24th day of April, 2009, by the undersigned and shall be responded by the above authorities within 20 days by appropriate government action leading to prompt payment of $2.2 billion to the State of Minnesota.