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
Teaching Webinar
Closing the Practice Gap: Essential Insights for Leaders
Three instructional experts will share strategies for making students’ reading and math practice more engaging and impactful this year.
Content provided by Renaissance
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
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus

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 Judge Orders Meta to Build New Child Safeguards. Advocates Hope Other Courts Follow
The new online safety measures would include a monthly time limit and AI chatbot restrictions.
6 min read
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Godofredo A. Vasquez/AP Photo
Law & Courts Wisconsin's Appeals Court Overturns Ruling That Had Restored Collective Bargaining Power
Unions are expected to appeal, sending the case to the Wisconsin Supreme Court, which is controlled by liberal justices.
4 min read
FILE - A crowd fills the Wisconsin Capitol rotunda on the fifth day of labor demonstrations, Feb. 16, 2011, in Madison, Wis. Thousands came to protest the governor's proposal to eliminate collective bargaining for most public workers. Seven unions representing teachers and other public workers in Wisconsin filed a lawsuit Thursday, Nov. 30, 2023, attempting to end the state's near-total ban on collective bargaining for most public employees.
A crowd protesting legislation to significantly curb collective bargaining in Wisconsin fills the state Capitol rotunda on the fifth day of labor demonstrations on Feb. 16, 2011, in Madison, Wis. The proposal passed and has been in place for 15 years, and a lawsuit seeking to end it is now headed to the state's high court.
Craig Schreiner/Wisconsin State Journal via AP
Law & Courts What Schools Need to Know About the Supreme Court’s Transgender Sports Ruling
The justices upheld two state laws that bar transgender girls from participating in female sports.
10 min read
A group prays outside of the Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, on Capitol Hill in Washington.
A group prays outside of the U.S. Supreme Court ahead of the court's ruling on whether transgender girls and women can play on school athletic teams, on June 30, 2026, in Washington. The court upheld two state laws barring transgender girls from joining girls' school sports teams.
Jose Luis Magana/AP
Law & Courts Judge Voids Trump Admin. Rule Excluding Education From ‘Professional’ Degrees
A judge ruled the agency didn't have the authority to adopt such a narrow definition.
4 min read
Graduates in the School of Education hold up books as their degrees are conferred during Harvard's 371st Commencement, on May 26, 2022, in Cambridge, Mass.
Graduates in the School of Education hold up books during Harvard's 371st Commencement on May 26, 2022, in Cambridge, Mass. The Trump administration excluded education fields when it set a definition of "professional" degree to implement a new law instituting graduate student borrowing limits.
Mary Schwalm/AP