Friday, February 12, 2010

Kansas Supreme court refuses to reopen school finance case

Posted by Peter Rugg on Fri, Feb 12, 2010 at 12:21 PM

 

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Attorney John Robb
This morning, the Kansas Supreme Court denied a petition for school districts to reopen a 2006 finance case, which argued that Kansas used unconstitutional methods to determined how much money to appropriate from schools as well as how it distributed funds.

The petition came from a coalition of 74 school districts. They argued that Kansas is not complying with an earlier court ruling and that aid to schools was unconstitutionally low.

The case was originally filed by the parents of Salina district student Ryan Montoy. In 2005 and 2006, state legislators changed how funds were drawn and distributed in 293 school districts. The Kansas Supreme Court dismissed the case in 2006 but didn't rule on changes to the state's funding formula.

The decision doesn't mean schools are being funded properly. The court found that the legislators' efforts constituted compliance in this case but noted that, because the court's decision was limited to determing compliance, it could not address whether new legislation provided "constitutionally suitable provision for the finance of public schools as required by ... the Kansas Consitution." There were also questions as to whether Montoy would still have standing as a plaintiff in the case -- he was not involved in the petition -- and whether the same school districts participating in the first case would continue as plaintiffs.

Attorney General Steve Six issued this statement on the decision:

"We're pleased with the court's decision not to reopen the Montoy case. The court agreed with the state's argument that a new case is required for any constitutional challenge to the current funding formula. If a new case is filed, I am ready to defend it. Our children's education is critical to the prosperity of our state. I encourage lawmakers to limit cuts to schools and find a responsible solution to our state's budget challenges."

Six will get his chance to fight. The school districts' lead attorney, John Robb, announced a new suit would be filed in the spring. Everything you need to know about Robb's righteous fight to get Kansas legislators to actually finance their schools can be found here.

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