Is that a light at the end of the tunnel...or
an oncoming train?
The high court ruling expected soon
School finance hot topic again in '05
It will end up in the Legislature…again
The earliest possible release date of the Supreme Court decision
impacting school finance is October 15. Among the several options
open to the high court:
- Send the case back to Shawnee District Court Terry Bullock "with
direction."
- Send the case to a special master who will oversee the question
of suitability and equality.
- Find Judge Bullock erred as a matter of law in the standard
of proof he required of defendants and overturn Bullock's decision.
- Create standards of suitability and equality.
- Require legislative leaders to present a plan for a court to
approve.
In August the Kansas Supreme Court heard arguments in the case
that could dramatically change school funding and set the stage
for a legislative struggle over increasing taxes.
All points were vigorously and artfully argued, KNEA General Counsel
David Schauner said. The court asked many questions of both sides.
The fundamental questions are:
- What is a suitable education?
- Who decides what's suitable?
- What does it cost to provide a suitable education?
The lawsuit, filed by the Dodge City and Salina school districts,
contends that the way Kansas funds public schools is unconstitutional
because it doesn't provide enough dollars to guarantee every student
an equal educational opportunity and doesn't equitably distribute
those funds.
KNEA believes educators should determine what is suitable; otherwise
the decision is made by lay people driven by judicial constraints
or political motives.
"This decision is not the beginning or the end of the process,"
said Schauner. "It is another step in a highly political process.
It's too early to know what the short term outcome of this litigation
will have on school finance. Rest assured that KNEA will continue
to actively participate in litigation and lobbying at the legislative
and state board levels to make teachers' interests known and considered."
It is believed that the Supreme Court is interested in having a
quality public school, he added. If that's the consensus, they'll
send the Legislature a wake-up call.
Shawnee County District Court Judge Terry Bullock ruled that at-risk,
minority and special-needs kids are treated unfairly under the law
because they get too little of the state's education dollars. By
any measure, minority students don't get enough funding because
no one is getting enough funding, said KNEA President Christy Levings.
"While we are slowly closing the achievement gap, minority
students still do not fare as well as white students. The state's
responsibility is to provide adequate funding for a suitable education
for all kids, no matter where they live," she said.
Bullock also ruled that the entire system is under funded, violating
the requirement in the state constitution that "the Legislature
shall make suitable provision for finance of the educational interests
of the state."
Meanwhile, several lawmakers conceded that they are too sharply
divided to make any progress on school funding issues. A special
panel of House and Senate members wrapped up the fourth set of two-day
meetings without making any recommendations on the core issues pending
before the court.
Legislators conceded that there is "no political will to do
anything until we're pushed by the Supreme Court." The agenda
provided ample opportunity. It included:
- Funding for students at risk of failing.
- Funding for students still learning English.
- Whether small school districts get more than their fair share
of the money.
- Defining a "suitable" education.
All of those issues are central to a lawsuit that led to Judge
Bullock's ruling that the school funding law is unconstitutional.
It will end up in the Legislature…again
This is political, Schauner added. "When you vote - know the positions
of the people you vote for in terms of public schools. If you care about funding
schools, don't vote for social issues," he said. "Vote for your pocketbook,
vote for your grandchildren's pocketbook, so they can find jobs with good wages
to live here and prosper. That dream requires, at the root, a good quality public
education system."
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