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School Finance Update

In May Shawnee County District Judge Terry Bullock struck down the state's system of educational funding saying it is "inadequate and inequitable" and therefore unconstitutional. He ordered Kansas to close its public schools while it fixes flaws in its system for distributing school aid. The Supreme Court stayed the decision while it considers the case.

Oral arguments will be heard in late August. A decision usually comes six weeks after arguments are heard, probably in late October. The High Court has lots of options and there is much speculation about what they might do.

At the time, KNEA President Christy Levings spoke favorably of the decision saying, "I am frustrated and surprised with legislators' lack of understanding of the seriousness of the school funding dilemma. KNEA is still working to maintain the excellence in Kansas public schools. While the ruling creates uncertainty for teachers and students and their families, it demonstrates the judge's belief that schools are not adequately funded."

KNEA submitted a friend of the court brief stating KNEA's agreement with Judge Bullock's decision that the Kansas Constitution (Article IV) mandates suitable provisions for financing the educational interests of the state. Further, KNEA agrees with Judge Bullock that currently the state is underfunding schools in general and this violates the Kansas Constitution.

Referencing a book written by former KNEA Executive Director C. O. Wright called 100 Years in Kansas Education, KNEA General Counsel David Schauner said, "the similarities are ironic…the situation is drowning in ironies."

Kansas' 1861 Constitution made it clear that public education was a state responsibility and the state's first Legislature levied a one-mill property tax to support public schools. By 1879, however, the Legislature repealed the one-mill levy and Kansas public schools became largely a local matter until the 1930s. The reasons for the appeal of that levy included:

• Big business, in this case the railroads and land owners, which wielded significant political influence, opposed the levy;
• Sectionalism raised its ugly head: the eastern counties complained that they were being forced to pay for the schools in the western part of the state;
• Kansas was building the west wing of the Statehouse for the House of Representatives, and the half-mill tax levied for its construction proved insufficient;
• The power structure of Kansas was shouting, "no new taxes, no increase in expenditures."

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