Law & Courts

Kansas Court Delivers Mixed Message in School Aid Case

By Jessica L. Tonn — August 08, 2006 2 min read
  • Save to favorites
  • Print

The Kansas Supreme Court surprised people on both sides of the state’s 7-year-old school finance case late last month when it ruled that the state had complied with the court’s order to increase funding and dismissed the case, but declined to say whether the new spending plan is constitutional.

In the court’s 4-2 decision, handed down July 28, the majority wrote that “the legislature materially and fundamentally changed the way K-12 [education] is funded in the state.” In particular, the justices noted that, in passing Senate Bill 549 earlier this year, “the legislature has substantially responded to our concerns” about the need to increase funding for students in special education, bilingual students, and those deemed at risk of academic failure.

Gov. Kathleen Sebelius, a Democrat, signed the legislation in May. It included a record-high K-12 budget of nearly $2.9 billion for fiscal 2007. The spending plan includes a $466 million increase in state aid over the next three years. During the seven years of legislation, more than $1 billion has been added to the state education budget, according to Alan L. Rupe, the lawyer for the plaintiffs in the case.

For example, in the 1998-99 school year, base per-pupil aid was $3,720. In the new budget, that amount will reach $4,433 in the 2008-09 school year.

But the majority opinion seemed to ignore part of the court’s own order of June 3, 2005, which required the state not only to increase funding, but also to prove that the increase would result in a “suitable” education for Kansas children as required by the state constitution.

Saying that the new budget is far different from the budget the supreme court originally considered, the majority wrote that it could not pass judgment on the constitutionality of SB 549 in the absence of a new lawsuit.

Rather, the merits of the new finance litigation “must be litigated in a new action filed in the district court,” the opinion reads. “A constitutional challenge of SB 549 must wait for another day.”

Dissenting Opinion

Justice Carol A. Beier, disagreeing with the court’s decision to dismiss the case rather than send it back to the district court, wrote in her dissenting opinion: “If the state has demonstrated compliance with our directives, the legislature has corrected the constitutional deficiencies in the Kansas design for school finance.”

Conversely, she wrote, if the state has not met the spending requirement, the new budget could not be considered constitutional.

“Logically and legally, if we meant what we have said, one cannot be satisfied without the other,” Justice Beier wrote.

Mr. Rupe, the plaintiffs’ lawyer, said he had expected the high court’s decision to be more in line with Justice Beier’s opinion. “I expected the court to retain jurisdiction until the legislature completed its trip to adequacy” as required by the court’s earlier decisions, he said. “But it’s kind of hard to be disappointed when you look at what we’ve accomplished,” he added, referring to the increases in state funding since the case was filed.

Sen. John L. Vratil, the Republican vice chairman of the Senate education committee, said that by not determining the constitutionality of the Senate bill, the decision “almost invites litigation.”

Dan Biles, the lawyer representing the state board of education, said he was pleased with the decision, but was also surprised that the court did not rule on the budget’s constitutionality.

When asked if he thought there would be further school finance litigation in Kansas, he answered without hesitation: “Isn’t there always?”

A version of this article appeared in the August 09, 2006 edition of Education Week as Kansas Court Delivers Mixed Message in School Aid Case

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Bridging the Math Gap: What’s New in Dyscalculia Identification, Instruction & State Action
Discover the latest dyscalculia research insights, state-level policy trends, and classroom strategies to make math more accessible for all.
Content provided by TouchMath
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Too Many Initiatives, Not Enough Alignment: A Change Management Playbook for Leaders
Learn how leadership teams can increase alignment and evaluate every program, practice, and purchase against a clear strategic plan.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Building for the Future: Igniting Middle Schoolers’ Interest in Skilled Trades & Future-Ready Skills
Ignite middle schoolers’ interest in skilled trades with hands-on learning and real-world projects that build future-ready skills.
Content provided by Project Lead The Way

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts California Sues Ed. Dept. in Clash Over Gender Disclosures to Parents
California challenges U.S. Department of Education findings on state policies over gender disclosure.
4 min read
California Attorney General Rob Bonta speaks to reporters as Arizona Attorney General Kris Mayes, left, and Oregon Attorney General Dan Rayfield, right, listen outside the Supreme Court on Wednesday, Nov. 5, 2025, in Washington. (AP Photo/Mark Schiefelbein)
California Attorney General Rob Bonta speaks to reporters outside the U.S. Supreme Court in Washington on Nov. 5, 2025, with Arizona Attorney General Kris Mayes and Oregon Attorney General Dan Rayfield behind him. Bonta this week sued the U.S. Department of Education, asking a court to block the agency's finding that the state is violating FERPA by <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">not requiring schools to disclose</ins> students’ gender transitions <ins data-user-label="Matt Stone" data-time="02/13/2026 4:22:45 PM" data-user-id="00000185-c5a3-d6ff-a38d-d7a32f6d0001" data-target-id="">to</ins> parents.
Mark Schiefelbein/AP
Law & Courts Oklahoma Board Rejects Jewish Charter as Supreme Court Fight Looms
Oklahoma's charter school board rejected the Jewish school as members said their hands were tied.
4 min read
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, left, before a Jan. 12 meeting of the Statewide Charter School Board in Oklahoma City. Both are founding board members of an Oklahoma Jewish Charter School.
Ben Gamla Charter Schools founder and former U.S. Rep. Peter Deutsch, right, speaks with Brett Farley, executive director of the Catholic Conference of Oklahoma, before a Jan. 12, 2026, meeting of the Statewide Charter School Board in Oklahoma City. The board rejected the proposed Jewish charter school on Feb. 9, 2026.
Nuria Martinez-Keel/Oklahoma Voice
Law & Courts Religious Charter Schools Push New Cases Toward Supreme Court
Advocates seeking to establish publicly funded religious schools in three states.
9 min read
The U.S. Supreme Court is seen, Wednesday, Jan. 14, 2026, in Washington.
The U.S. Supreme Court is seen on Wednesday, Jan. 14, 2026, in Washington. Religious charter advocates are betting a full Supreme Court will side with their efforts to establish religious charter schools.
Rahmat Gul/AP
Law & Courts Educators Sue Over ICE Activity on School Grounds and Nearby
The challenge targets the Trump administration's revocation of a policy that limited immigration enforcement at schools.
5 min read
A sign reading "Protect Neighbors" is posted near a bus stop as a school bus passes on Friday, Jan. 30, 2026, in Minneapolis.
A sign reading "Protect Neighbors" is posted near a bus stop in Minneapolis on Jan. 30, 2026. A lawsuit from two Minnesota school districts and the state's teachers' union says immigration agents have detained people and staged enforcement actions at or near schools, school bus stops, and daycare centers.
Kerem Yücel /Minnesota Public Radio via AP