A Senate committee on Tuesday endorsed a proposal to amend the Kansas Constitution to give the Legislature sole authority to determine funding for public schools, thereby cutting out the courts.

The proposal comes after a Shawnee County District Court ruled in January that the state’s school finance system was unconstitutional and ordered legislators to increase spending by more than $440 million for the next school year.

Supporters say that while the judicial branch has the authority to decide whether legislative policies are constitutional, courts overstep their boundaries when they require increases in state spending on education.

The voice vote by the Senate Judiciary Committee sends the measure to the full Senate.

The proposed amendment says definitely that only the Legislature can appropriate money, not the courts nor governor, though the chief executive’s signature would still be required for any spending bill to take effect.  In addition, the governor could still veto any spending bill he disagreed with and legislators could still attempt an override.

Twenty-seven of 40 senators and 84 of 125 House members would have to vote for the measure to put the question to voters.