Should a judge be able to demand Tennessee and its legislative body provide the full amount of money for schools detailed in its education funding formula?That’s the central question in a Tennessee Court of Appeals case in which Metro Nashville Public Schools is wanting the state to provide money for English language learners as spelled out under the state’s education funding formula.

The arguments on Tuesday were heard by Court of Appeals Judges Frank Clement Jr., Andy Bennett and Richard Dinkins.

During the oral arguments held at Belmont University, Metro attorney Lora Fox said under previous Supreme Court rulings the state is required to fully fund its obligation to maintain and support a system of free public schools that is spelled out within what is known as the Basic Education Program formula.

By not fully funding the formula, the state is violating the court rulings and the Tennessee Constitution, Fox said.

“We have three pronouncements that say full funding of the Basic Education Program is essential, necessary and required,” she said.

The Basic Education Program, or commonly called the BEP, is a formula that was created in response to Tennessee Supreme Court mandates and was set by the Tennessee General Assembly to provide for a student’s education. The formula includes the cost of teacher salaries and textbooks.

The appeal heard by the judges seeks to overturn a lower court’s order denying Nashville’s petition for a judge to demand the state fully fund the formula for English language learning students. The state provided in the 2016-17 school year enough money to provide for most of the formula, but not all.

This year, Gov. Bill Haslam is proposing $22.2 million to fully fund the formula’s requirement for English learning students.

Steven Hart, special counsel for the Tennessee Office of the Attorney General, said during the arguments the legislature has the discretion in funding statewide education as it sees fit. The Tennessee Department of Education in correspondence with Nashville school officials also has called the funding formula a goal, not a mandate.

Previous education funding lawsuits also allowed the state time to phase in the proper funding amount and the legislature has the final say on the funding amount, Hart said.

“Funding is determined as part of the appropriations act and that is as much as part of the BEP as is specific formulas for each component,” Hart said.

Hart said during arguments that there is no precedent for a judge to mandate funding by the state and doing so would compel the appropriations of state funds.

“That is barred by sovereign immunity,” Hart said.

Fox closed the arguments by reiterating the state has a constitutional mandate to fund the formula.

“We are asking the state to follow its own formula in what is the necessary determination to fund our students,” she said.

While the case touches on whether a judge should demand the state to fund education as determined by the formula, it doesn’t touch on whether that amount is enough to teach students statewide.

That issue is being raised in other lawsuits against the state by districts in counties that include Hamilton and Shelby. In those cases, districts say the state isn’t doing enough to adequately fund school districts statewide.

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