Court Hears Arguments in School Finance

Jul 18, 2017 by

(AP Photo/Orlin Wagner)

The Kansas Supreme Court heard arguments from the State and the Plaintiffs in the Gannon school finance lawsuit this morning. It was wrapped up before noon at which time the Court said they would take the arguments under consideration. How long that consideration will last is anyone’s guess, but they have said they will act in an expedited manner.

Most observers believe the state had the harder time before the Court. Justices pressed the attorneys for the state, Stephen McAllister and Jeff King, about why the legislature chose to base funding levels on the “successful schools model” even going so far as to suggest this was a decision based not on appropriate funding but backing into a lower cost model.

Justices also appeared skeptical about the state’s reliance on LOB (local option budget) funds as foundational funding for schools. This has been a position advocated for by Rep. Clay Aurand (R-Belleville).

Asked whether or not the Court should let the state off the hook- so to speak- King called upon the Court to allow the new law three years to see if it could do the job. The Justices appeared to have little interest in waiting three years to decide if the legislature has done the right thing.

There seemed to be little questioning on the school finance model adopted in SB 19 except for a couple of questions regarding equity. Specifically concerning the expansion of what could be paid for under capital outlay and the 10% floor for at-risk funding allowing districts with fewer than 10% free and reduced lunch students to receive at-risk funding as if they had 10%.

Now the waiting starts. We will watch for the Court’s decision over the next few weeks. For more reaction on today’s hearing, see the following news report.