The Kansas Supreme Court struck down a stopgap law for funding the state's public schools on Thursday, saying it left poor districts $54 million short.
Click here to read the full ruling on the Kansas Supreme Court's website.
The justices unanimously ruled that the Republican-backed law doesn't comply with the Kansas Constitution and gave lawmakers until the end of June to write a new law. The high court has yet to decide on the larger question of whether Kansas must boost its education spending by at least $548 million a year.
Lawmakers approved the 2015 law as temporary fix to replace a per-student formula for distributing more than $4 billion a year to school in favor of stable "block grants." The law was meant to give lawmakers time to devise another system for distributing more $4 billion a year in aid to its 286 public school districts.
But the Supreme Court ruled that the temporary law, which was set to expire in July 2017, violates the Kansas Constitution's requirement that the state finance a suitable education for every student.
"Without a constitutionally equitable school finance system, the schools in Kansas will be unable to operate beyond June 30," the court said in its unsigned opinion.
Legislators approved a $140 million increase in education funding in 2014, to comply with a Supreme Court mandate to boost aid to poor districts. But the estimated cost of that aid for the 2014-15 school year skyrocketed by $54 million under the state's previous per-student formula for distributing funding.
Republican legislators last year junked the old formula, moving to "block grants" that largely froze total aid outside of contributions to teacher pensions, and denied districts the extra $54 million after they'd built their budgets. In response, districts statewide cut programs, shed jobs and ended the 2014-15 school year early, blaming the moves on the school funding law.
Thursday's ruling came in a lawsuit that four districts have been pursuing since 2010. The four districts suing the state - Dodge City, Hutchinson, Wichita and Kansas City - argued that poor districts and disadvantaged and minority students were hurt most. They also argue that the state isn't spending enough money to meet its obligations under the Kansas Constitution.
KCK Public Schools released a statement from Superintendent Dr. Cynthia Lane after the ruling:
“We are pleased that the Supreme Court has once again reinforced the constitutional requirement for equity in school funding across the state,” Dr. Cynthia Lane, superintendent of the Kansas City, Kansas Public Schools (KCKPS), said in a news release. “Through this decision, the Supreme Court is making clear that the opportunity for a quality education must be available to all Kansas children, regardless of the zip code in which they live. This is good news, not only for students in the Kansas City, Kansas Public Schools, but also for students and communities across the state.”
A three-judge court panel ruled last year that the state needed to boost its total aid by at least $548 million a year, and the Supreme Court plans to review that question later this year - which could prompt a second, far more costly decision.
The state has struggled to balance its budget since legislators slashed personal income taxes in 2012 and 2013, at Republican Gov. Sam Brownback's urging in an effort to stimulate the economy. He contends growth spurred by the reductions has offset slumps in agriculture, aircraft manufacturing and energy production, but his critics argue that his fiscal experiment has failed.
Brownback has repeatedly noted that the state's total aid continues to set annual records, and many GOP legislators believe they've been generous. They also argue that the new block grant law provides stability both for the state and the districts.
Brownback released the following statement following the state's education funding:
Kansas has among the best schools in the nation and an activist Kansas Supreme court is threatening to shut them down. #ksleg
— Sam Brownback (@govsambrownback) February 11, 2016
They saw the old, per-pupil formula as too complicated and said it diverted too much aid from classrooms. But many educators contend the new block grant law is unfair because it doesn't automatically increase a district's aid if it has more students, or a greater percentage of them have special needs.
Senate President Susan Wagle issued the following statement:
“The Supreme Court’s threat to close our schools is nothing more than a political bullying tactic and is an assault on Kansas families, taxpayers and elected appropriators. The decision today makes a pawn of Kansas schools as the courts attempt to advance their agenda. We will not play their game but will instead do our best to provide a quality education for all Kansas students.”
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