Wednesday, February 3, 2010

Kansas lawmaker takes shot at Supreme Court, funding schools

Posted by Justin Kendall on Wed, Feb 3, 2010 at 6:00 AM

click to enlarge Dick Kelsey
  • Dick Kelsey

Last week, Kansas state Sen. Dick Kelsey bravely took a stand against funding schools, introducing a nonbinding resolution saying the Kansas Supreme Court should not get to tell lawmakers how much to spend on education and the schools should not be allowed to use taxpayer dollars to sue for more tax dollars. After introducing this meaningless resolution, how does Kelsey walk the Capitol with those grapefruits swinging between his legs?

Kelsey's Senate Concurrent Resolution 1621 (read it after the jump) says he's tired of courts telling him and his buddies that they need to adequately pay for education. Like the state of Kansas needs smarter kids. And who's the Kansas Supreme Court to tell lawmakers what's constitutional?

"It is wrong to use

taxpayer money to sue the Legislature to get more taxpayer money," Kelsey told The Topeka Capital-Journal.


This scored Kelsey, a Goddard Republican running for the 4th district's

congressional seat, points with the Kansas Chamber of Commerce and

Americans for Prosperity, who don't like paying for things like education.

"I think it just shows a profound misunderstanding of the roles of the

three branches of government," awesomely mustached Schools for Fair Funding attorney John Robb told The Pitch in a recent

interview.

click to enlarge John Robb
  • John Robb

Robb ticked off lawsuit after lawsuit in which taxpayers sued taxpayers,

including the state suing itself to determine whether the lottery was

legal.


"Taxpayers suing taxpayers happens every day," Robb said. "It's how

disputes are settled. And Sen. Kelsey apparently doesn't like this one

because of the topic of the lawsuit: school finance."

Robb said

media coverage of the taxpayer-versus-taxpayer angle erroneously

suggests "that this is somehow some unusual deal and school districts

are to be

vilified because they're enforcing their constitutional rights. Well, it

happens all the time. It's what the court system does.

They solve disputes."

The school finance case rested five years

ago, when the Kansas Supreme Court ruled in favor of the school

districts, agreeing that lawmakers weren't fulfilling their

constitutional obligation to fund education. The decisions directed

hundreds of millions of dollars towards public schools and left

lawmakers hrrumphing.

After the school-funding system was deemed

unconstitutional, Robb said, the legislature "took several swings" at

trying to fix it. "Their last attempt was Senate bill 549, which was a

three-year plan to

fix the system. And now what they've done is pulled back from the

three-year plan."

Last year, Gov. Mark Parkinson and

lawmakers hacked about $241 million from

the schools' budgets, blaming the recession for the cuts.

Robb

said lawmakers aren't trying to figure out what education really costs

and then

trying to pay for it accordingly. Instead, he said, "They're simply

looking at what the balance is in the checkbook

and deciding, 'Gosh, the checkbook's empty. We must have the authority

to cut back school funding.' Well, they weren't voluntary increases to

begin with. The Constitution required the increases. So it's not

something we feel that they had carte blanche authority to cut back when

they ran the checkbook into the ground."

When lawmakers passed

the three-year plan, they knew they were going

to be $426 million in the hole in 2009, Robb added.

"Their own

projection showed that they were going to spend the state's surplus and

drive the checkbook into the ground within three years," Robb said.

"Yet, instead of trying to raise the revenue to fund the system they

came up with, they ran the thing into the ground and are now claiming

poverty. That doesn't make sense to me."

The slashing led the

districts to again threaten legislation under

the Schools for Fair Funding banner and request the state's high court

to reopen the school funding case.

Schools for Fair Funding is

waiting on the Kansas Supreme Court to decide whether the finance case

will be reopened. If not, then the coalition of school districts will

file a new lawsuit.




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Excellent info I was searching Bing for something and discovered this blog site of yours. Btw, where can I subscribe to new content?

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Posted by bowflex tc5000 treadclimber on October 7, 2010 at 4:57 AM

Sen. Dick Kelsey is an idiot who will not be reelected!

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Posted by Jonathan on February 4, 2010 at 1:03 PM

There were so many people talking about the Supreme Court on Twitter that it was one of the top trending topics for a while - check out the video at http://www.joshrimer.com/john-... to see some of the more entertaining ones in a funny video. :-)

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Posted by TopTrendingTopics on February 3, 2010 at 11:53 AM
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