State
Board, Attorney General try an
end run
on Supreme Court?
Following
two hours in executive session, the State Board today voted 6-4
to certify state funds already appropriated to maintain operation
of schools from August, 2005 – January, 2006.
The action was
suggested by Kansas Attorney General Phill Kline, who addressed
the board at a special meeting. Kline outlined a plan whereby he
believes that schools can remain open no matter what the Supreme
Court does or does not do this coming Friday, if the State Board
has already certified funds for their operation.
Kline’s
interpretation of the statute was prompted by an opinion letter
requested by Senator Karin Brownlee.
Board members
who supported the motion said that they felt they needed to do everything
possible to make sure that schools open in August.
Board members
who opposed the motion said they felt the same way, but believed
that the action requested by the Attorney General was not legal
and was intended to circumvent the Supreme Court.
“This is
not to go around the Supreme Court,” countered Ken Willard,
district 7, Hutchinson. “We are doing it before the Supreme
Court acts.”
Dan Biles, a
lawyer for the board, has said he doesn't think the move would work
because the court could restrain expenditures at the local level.
The action by
the State Board does not guarantee that funds already appropriated
by the Legislature and not stayed during the Court’s previous
statements would go to schools. Certification by the State Board
precedes action by the Division of the Budget, which reports to
the Governor, and the State Treasurer.
Voting in favor
of the motion were Steve Abrams, John Bacon, Kathy Martin, Connie
Morris, Iris Van Meter and Ken Willard. Voting against the motion
were Sue Gamble, Carol Rupe, Bill Wagnon, and Janet Waugh. Martin,
Van Meter and Rupe participated by conference call.
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