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Judge orders Kansas public schools closed this fall

Bullock Ruling & Brown v Board -- Adequacy & Equity

The timing of the school funding ruling in conjunction with the Brown v. Board decision is ironic, says KNEA President Christy Levings.

In ordering Kansas to stop all financing of public schools as of June 30, Shawnee County District Judge Terry Bullock struck down the state's system of school funding saying it is "inadequate and inequitable" and therefore unconstitutional.

"Just as in the Brown case 50 years ago, this school funding case was originally brought on behalf of minority students in several Kansas school districts," she said. "And now, as we celebrate Kansas' role in opening public school doors to everyone, we are faced with the prospect of schools closing their doors to Kansas kids because the legislature has failed to fund an adequate and equitable education."

Education continues to be a political football, she said referring to Brown v. Board. "I hear parents, officials and lawmakers talk about what a tremendous education Kansas kids are getting. Teachers continue to work above and beyond expectations to provide excellent learning opportunities," Levings said. "KNEA believes there should be great public schools for every child," she added. "It is important to continue to talk about civil rights…and one of the most vital civil rights for every child is an equal education."

Levings acknowledged that in KNEA's view, adequate funding means appropriate benefits and salaries to provide for highly qualified, professional staff, but more importantly, it provides every school the resources to provide students with skills for the 21st Century.

"It does not matter where a family lives, if they are rich or poor, every kid in Kansas deserves a quality education ... each has a right to be prepared for 21st Century skills," Levings said.

Officials expect the Supreme Court to stay Bullocks ruling before the June 30 deadline, which effectively leaves everything "as is" until the High Court makes its final decision. That decision is expected in October.

Levings called Bullock's ruling surprising. "But, it reflects how seriously Judge Bullock takes this matter that public schools are not properly funded. I can't think of any approach that creates more of a 'shock and awe,'" she said, adding that since the judge "didn't get legislators' attention with his ruling in December… perhaps this will get their attention now."

Bullock noted the 2004 Legislature did nothing about funding public schools adequately and that "...the option of the Legislature and the Governor now to do nothing is simply not an option. The Constitution requires the State of Kansas to establish, maintain, and finance public schools to provide a suitable and equitable education for all Kansas children." He added: "Under the Constitution, they simply have no choice and neither does this Court.”

Bullock's decision came just three days after legislators adjourned the 2004 session without acting on his December order to fix the state's school finance system. He set a July 1 deadline to make his order final. Legislators responded by passing a law allowing the state to immediately appeal the preliminary order to the Kansas Supreme Court.

"Frankly, I am frustrated and surprised with legislators' lack of understanding of the seriousness of the school funding dilemma," Levings said.

Bullock issued that preliminary ruling in a 1999 lawsuit brought by parents and administrators in the Dodge City and Salina school districts. He concluded that the state's system for distributing $2.77 billion in state aid is unconstitutional partly because of how it distributes money to programs for poor and minority students.

He also found the existing level of funding to be inadequate because the state constitution requires "suitable provision" for funding schools.

Bullock said his ruling "will terminate all spending functions under the unconstitutional funding provisions, effectively putting our school system on 'pause' until the unconstitutional funding defects are remedied."

He continued: "Although this action may delay our children's education slightly (should the other branches fail to respond quickly), it will end the inadequate and inequitable education being provided now."

Bullock said there were "literally hundreds" of ways legislators could structure, manage and fund public schools. He said that legislators could determine inefficiencies in the present structure and that those corrections might even reduce the total dollars needed to fund education.

During the trial, attorneys for the Salina and Dodge City school districts presented a 2002 consultants' study, paid for by the State Legislature, suggesting that schools were underfunded in Kansas by more than $800 million.

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