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

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
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
Artificial Intelligence Webinar
Making AI Work in Schools: From Experimentation to Purposeful Practice
AI use is expanding in schools. Learn how district leaders can move from experimentation to coordinated, systemwide impact.
Content provided by Frontline Education
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
Student Well-Being & Movement Webinar
Building Resilient Students: Leadership Beyond the Classroom
How can schools build resilient, confident students? Join education leaders to explore new strategies for leadership and well-being.
Content provided by IMG Academy

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 Supreme Court to Consider Whether Catholic Preschools Can Reject LGBTQ+ Families
Catholic preschools say Colorado violated religious rights by excluding them from a state-funded program over admission policies.
2 min read
Image of the Supreme Court in the background, an LGBTQ flag waving, and symbols of wedding rings with a male and female sign incorporated in the ring shapes.
Laura Baker/Education Week + Canva
Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Minn. Districts Ask Judge to Restore Immigration Enforcement Limits by Schools
Two districts say the policy change hurt attendance and cost them students.
3 min read
Fridley Superintendent Brenda Lewis speaks during a news conference in February at the Minnesota State Capitol.
Superintendent Brenda Lewis of the Fridley, Minn., school district speaks during a news conference in February 2026 at the Minnesota State Capitol. The Fridley district is one of two Minnesota school districts suing the U.S. Department of Homeland Security in an effort to restore restrictions on immigration enforcement in and near schools.
Carlos Gonzalez/Minnesota Star Tribune via TNS
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP