KS Association of School Board's Guide to Kansas Supreme Court Proceeding in School Finance Lawsuit Case

Guide to Kansas Supreme Court proceeding in school finance lawsuit case

At 9 a.m. Tuesday, the Kansas Supreme Court will hear oral arguments in the school finance lawsuit.

THE DISPUTE:

In this long-running litigation, the Kansas Supreme Court in February said the school finance law was unconstitutional because it created inequities in funding and tax burden that harmed low wealth districts and their students.

In March, the Legislature approved a bill supporters say cures those inequities, while the school districts suing the state say the amount of funding falls short and the law allows continued unequal tax treatment.

On Tuesday, both sides will present their cases to the court, and if past hearings on school finance are any indication, there will be many questions from the justices.

WHY IT’S IMPORTANT:

The court has ruled the Kansas Constitution requires that school districts must have reasonably equal access to substantially similar educational opportunity through similar tax effort. In its February decision, the court said without a constitutionally equitable finance system, schools would be unable to operate after June 30. Both the state and plaintiff districts say a shutdown of schools would be harmful but some districts have started planning for a “worst-case scenario,” if the court and Legislature fail to agree on a remedy.

MONEY MATTERS:

The new law doesn’t provide any new funding for schools, but shuffles what was appropriated earlier. Most are in agreement the state’s continued revenue shortfalls will require Gov. Sam Brownback to make significant budget cuts, which raises concerns about where the state would get the money if the court ruled an increase was necessary.

TIMING IS EVERYTHING:

Tuesday’s oral arguments are seven weeks before the June 30 school shutdown deadline. Schools have numerous programs in place during the summer and are gearing up for the next school year. Any disruption of funding could threaten summer programs, employee pay, maintenance of facilities and the timely start of the next school year.

WHAT HAPPENS NEXT:

After the oral arguments, the court takes the case under advisement and then issue a decision. Although the court is under no specific deadline, the court has put the case on a fast-track, and most believe it will announce a decision soon. A ruling against the state could prompt a special Legislative Session or legislators could return for the official close of the 2016 session on June 1 and deliberate then. Separate from the equity case, an even bigger portion of the school finance lawsuit remains before the Kansas Supreme Court and that revolves around whether the level of school funding is adequate for students to meet educational outcomes set by the state.  A three-judge panel has ruled state funding falls far short; a decision that, if upheld, could mean $550 million more per year for schools. A ruling in that case is not expected until probably next year.