The state is asking a judge to throw out a constitutional challenge to the way Indiana distributes education funding.

Indiana Solicitor General Tom Fisher told Hamilton Superior Court Judge Steve Nation during a hearing Wednesday in Noblesville that schools are state entities and lack legal standing to sue the state.

Hamilton Southeastern Schools, Franklin Township Schools and Middlebury Community Schools sued the state in February, claiming the school funding formula unfairly penalizes growing districts.

The schools say the formula violates the state constitution's requirement for "general and uniform" funding of public education.

Fisher says uniformity doesn't have to be based on enrollment.

Nation isn't expected to rule before next month.