Kansas Supreme Court Rules in Gannon

Jun 25, 2018 by

Key takeaways from today’s ruling:

  • Funding remains inadequate, specifically relating to needed calculations for inflation in future years.
  • The current funding system can continue to operate this year, and the Kansas Legislature has until April 2019 to provide a remedy to the Court (the Court retains jurisdiction).
  • The Court recognizes that the Legislature has made progress.
  • KNEA President, Mark Farr, points out that Kansans need to vote and that retaining a strong coalition of common-sense, public education supporters in the Legislature is vital this election year.

“Our schools will open this fall as expected, and the Supreme Court did its duty according to the Constitution.  Today is a step forward for Kansas kids and communities and ensures that we will continue the progress the Legislature made in 2018 to Constitutionally fund our public schools,” KNEA President, Mark Farr.

At 3:00 this afternoon the Kansas Supreme Court issued its ruling the Gannon school finance case. The ruling has been expected.

The question front and center for most Kansans is whether or not schools will open on time for the 2018-19 school year. The answer is “YES.”

The second most asked question is whether or not the ruling would require a special legislative session. The answer is “NO.”

But before one concludes from this that the court found the Legislature’s work meets both adequacy and equity in school funding as required by the constitution, one has to review the entire decision. And indeed, the Court has ruled that, while the latest changes to the school finance formula do not violate the equity standard, the Legislature has not met the adequacy requirements.

Specifically, the ruling says, “The State has not met the adequacy requirement in Article 6 of the Kansas Constitution under its proposed remediation plan.”

The decision then goes on to assert that the state can meet adequacy if the State makes some “timely financial adjustments in response to the problems identified with the plan and its accompanying calculations and then completes that plan, the State can bring the K-12 public education financing system into constitutional compliance with the adequacy requirement.”

As in last year’s decision, the Court set a tight timeline for compliance calling upon the Legislature to finish its work and submit briefs to the Court on or before April 15, 2019. Response briefs will be due April 25, and oral arguments will be conducted on May 9 at 9 a.m. The court’s decision will be communicated by June 30.

In the meantime, SB 19 (passed in the 2017 session) can remain in effect while SB 423 and SB 61 (both passed in the 2018 session) can be temporarily implemented. The Court will retain jurisdiction.

The Court, as in previous school finance decisions, did not tell the Legislature how much more funding was necessary to meet adequacy but instead referenced financial adjustments that need to be made relative to adequacy, specifically surrounding inflation in future years as outlined in the State’s current plan.

Several issues were raised by the plaintiffs regarding some changes made in the latest legislation related to equity, but the Court sided with the State on those issues, ruling that equity is not violated.

The Court has now done its Constitutional duty and issued a ruling. It is up to the Legislature in 2019 to craft additional remedies to meet funding adequacy. In the meantime, schools will be opening on time, and the funds provided by the 2018 Legislature will be available for use in meeting the needs of our students.

The fact that the decision is not a slap at the Legislative response to the last Gannon ruling but instead calls upon the next Legislature to make some adjustments is a credit to the hard work of a broad coalition of Democrats and Moderate Republicans elected in 2016 who served in the last two legislative sessions. Much progress was made thanks to their efforts and Kansas is on the road to constitutional compliance.

It reminds us of the importance of elections. The Kansas NEA Political Action Committee met this last weekend and a list of recommended, pro-public education candidates will be released to our members shortly. Now that there is a direction on school funding, we need to elect the kind of Legislators that will understand and work to meet the needs of our great public education system.

“Supporting those candidates who support public education is our duty as professionals and as citizens.  My call is for every citizen to help strengthen the Legislature so that we may continue the progress we’ve seen.  We need Kansans to vote!” KNEA President, Mark Farr.

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