By MIKE SHIELDS
KHI News Service
TOPEKA — The state’s top court today released its long-awaited decision in the school finance case, finding that the lower court partially erred in its conclusion and remanding it for further consideration. But the ruling also stated that the lower court properly found that the state’s funding mechanisms had created “unconstitutional, wealth-based disparities” among school districts.
Unanimous
The decision was unanimous.
The plaintiffs in Gannon v. State of Kansas were four public school districts and 31 individuals. Each district lost funding beginning in fiscal year 2009, after the Legislature reduced spending on various categories of state aid, including base state aid per pupil, capital outlay, and supplemental general state aid.
The plaintiffs claimed that the continued reductions in K-12 spending violated Article 6 of the Kansas Constitution, which directs the Legislature to “make suitable provision for finance of the educational interests of the state.” The plaintiffs also claimed they were denied equal protection and due process.
The court ruled that the individuals did not have standing to sue, in keeping with the lower court’s decision, but that the school districts did because they had “sufficiently alleged the funding reductions had undermined their ability to perform the districts’ constitutional duty to ‘maintain, develop, and operate local public schools.’
For the courts to decide
That finding by the court is particularly significant given that the State had argued in its defense that it was solely the Legislature’s role to define school funding because it was a political question beyond the court’s reach.
The decision today clearly refuted that assertion first by noting that it was wholly for the court to decide whether an issue was within its purview because of its political nature.
It also stated: “Under the facts of this case, the school districts’ claims…present a justiciable case or controversy because they are not political questions.”
The lower court’s ruling would have required an additional $440 million in state spending on K-12 programs. Today’s decision set a July 1 deadline for the state to add money to funds that underwrite school capital improvements and school operations.
According to state education officials, that would mean an extra $129 million in new spending; $25.2 million for capital outlay and about $104 million for school operations.
But the justices found that the lower court’s determination regarding the “inadequacy” of base state aid was improperly drawn and sent that portion back for reconsideration.
John Robb, an attorney for the plaintiff school districts, said he was confident the districts would be able to prevail on retrial.
“All of our proof at trial was presented using the correct standard that the court now directs to be used,” Robb said.
Long simmering issue
The issue of K-12 funding has been before the courts off and on since at least 2003.
In 2005, the Legislature was called into special session in response to a court ruling that school spending was inadequate and approved an additional $289 million for K-12 education. In 2006, the Legislature approved another $466 million over three years.
But in the wake of the 2008 recession the Legislature began reducing school aid and the state soon thereafter found itself back in court.
In 2012, the Legislature approved the the largest tax cuts in state history while school spending continued to decline, a fact noted by the lower court in its decision that the state was obliged to spend more on K-12.
Gov. Sam Brownback and Attorney General Derek Schmidt have scheduled a 2:30 p.m. press conference to respond to the ruling and its summary, which were released at 9:30 a.m.
‘Time to fix it’
But Brownback issued a preliminary statement soon after the ruling was released:
“This is a complex decision that requires thoughtful review,” he said. “I will work with leadership in the Kansas House and Senate to determine a path forward that honors our tradition of providing a quality education for every child and that keeps our schools open, our teachers teaching and our students learning.”
“The Kansas Supreme Court has affirmed that Gov. Brownback and the Kansas Legislature have created an unconstitutional school finance system and now it is time to fix it,” said Senate Democratic Leader Anthony Hensley of Topeka. “I didn’t need to confer with the Attorney General to make that determination.”
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