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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Supreme Court Hears Arguments in Gannon School Finance Lawsuit

May 22, 2018 by

The Kansas Supreme Court today heard arguments from Plaintiffs and the State in the school finance case that will determine whether or not this year’s school finance bill will meet constitutionality on both equity and adequacy.

Although it is not officially part of the evidence in the case, a central point in arguments today became the school finance cost study done this year by Dr. Lori Taylor of Texas A&M University. Conservatives in Legislative leadership had hoped Taylor’s study would demonstrate that our schools were already adequately funded. Instead, the study suggested that in order to meet the goals of the state’s education plan Kansas needed to invest an additional $1.7 to 2 billion.

Justice Eric Rosen went so far as to say “Here, you all are always battling your own expert…” in response to the state taking a position contrary to the Taylor study.

Questioning was sharp and, as always, it is difficult to say for certain where the Justices are going although most observers agree that they appear to be skeptical about the adequacy of the latest legislative attempt.  As we’ve indicated in previous posts, the Court’s skepticism was not completely unexpected.

The Court has promised a ruling by June 30 although it is hoped that the ruling will be sooner – especially if it might require the convening of a special legislative session.

To read more coverage of the hearing, visit one of these news reports:

The Lawrence Journal-World

The Kansas City Star

The Topeka Capital-Journal

The Wichita Eagle

Kansas NEA remains confident that whatever the Court rules, the Kansas Legislature will take their responsibility seriously and address the situation in a way that ensures our schools are open in August – that every new Kindergartener and Kindergarten parent will experience that first day together and that every rising high school senior will begin their final year on time and on track to graduate.

While the uncertainty of funding is difficult for everyone, KNEA has planned for contingencies to ease the concerns of our members throughout the state. Whatever the decision and whatever actions have to be taken, Kansas NEA will be there to work with policymakers and to protect the education of our children and the well-being of Kansas educators.

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What about now? And what happens next?

Oct 5, 2017 by

If SB 19 is unconstitutional, what about the new funding our schools are getting?

“Within These Walls the Balance of Justice Weighs Equal.”

You may be wondering what immediate impact Monday’s Kansas Supreme Court ruling will have on your school and district. We’ll try to clear things up as much as possible.

First, you may wonder about how this impacts the new money received under SB 19 now that SB 19 has been found to not meet constitutional requirements. There should be no significant impact on funding. The Court has not stopped the state from providing the funding specified in SB 19 and schools should continue to be funded just as they have been from the start of this school year.

There will also be no impact for this school year based on the four equity issues raised as unconstitutional by the Court. For example, if your district has already shifted some insurance payments to the capital outlay fund thereby freeing up a few dollars for other purposes, that may continue until June 30, 2018. The 10% floor for at-risk funding which has been ruled unconstitutional will also continue for this school year but not into the next. This would only impact two districts in the state so will have no effect on most of you.

If your local association and board of education are still seeking a contract settlement, the funding in SB 19 should not be holding up such a settlement – your district has the funding promised in SB 19 for this school year. But since the Court has ruled the overall level of funding to be inadequate, it is safe to assume that there will be more money in the next school year than was provided in SB 19.

Was this a unanimous decision? Was there no dissent?

This was indeed a unanimous decision on both issues of adequacy and equity, however, there were dissenting opinions on the timelines within the decision.

The Court majority has determined that the Legislature will have the 2018 regular legislative session in which to resolve the issues raised in the decision. As we reported Monday, they will not allow the Legislature to drag its feet and set specific early dates for briefs to be filed and oral arguments to be presented. The Legislature will not be able to string out the process until the very end of the session.

Justices Johnson and Rosen, while agreeing with the rulings on both adequacy and equity, dissented on the timeline preferring that the Court would require a remedy by the end of 2017. Justice Biles also agreed with the rulings on both adequacy and equity but dissented on allowing the unconstitutional equity provisions to continue until the end of the school year preferring that those issues be blocked from implementation immediately.

So, what happens next?

For right now, schools can operate “business as usual.” Nothing is being stopped or taken away; the Court specifically stayed their order until June 30, 2018.

The Court has directed the Legislators and Plaintiffs in the case to submit concurrent briefs by April 30 and response briefs by May 10. This means that the legislative remedy needs to be created, passed, and signed into law in time to meet the April 30 deadline. Oral arguments in the case are scheduled for May 22, 2018, and the Court will issue a ruling on or before June 30, 2018.

The Court justified their hard deadlines by saying,

With that regrettable history in mind, [that the K-12 system has been underfunded for many years] while we stay the issuance of today’s mandate through June 30, 2018, after that date we will not allow ourselves to be placed in the position of being complicit actors in the continuing deprivation of a constitutionally adequate and equitable education owed to hundreds of thousands of Kansas school children. Cf. Campbell County School Dist., 32 P.3d at 332-33 (cited in Gannon II, 303 Kan. at 739). See Gannon IV, 305 Kan. at 919.

They are saying, in essence, that a delay that makes rendering a new decision prior to June 30 impossible, will not be tolerated. They expect to be given time to consider the new remedy, hear arguments, and deliberate and not be put in a position like this year when the bill was finished so late, they had little choice but to let it go into effect pending the Court hearing.

We would expect that between now and the start of the 2018 legislative session, legislators on all sides of the issue will take an opportunity to attack someone for the position they’ve put themselves in. Some will berate the Court for imposing its will on the Legislature; others will go after Brownback and his legislative allies for crippling the state’s revenue stream so there was no money for schools, and some will say that this is exactly what they expected.

We hope the posturing will be finished soon (you’re probably reading all about it in your local paper now) and that cooler heads will start thinking about solutions. SB 19, in the form first drafted by Rep. Melissa Rooker (R-Fairway) and Senator Laura Kelly (D-Topeka), represented a bipartisan effort and was an excellent start that was eventually whittled down and then loaded up with inequitable policy provisions. We know there are legislators on both sides of the aisle willing to meet their constitutional obligation.

It’s going to take work and courage.   We’ve stated previously that any solution would require the Legislature to address the state’s revenue crisis and that solving the school funding problem requires sensible tax policy.  While we’ve made significant strides in the right direction, we need to understand that fixing the mess left by Governor Brownback and his allies will be a marathon and not a sprint.  Yet, the framework for a solution is there and a solution can be crafted. It will take additional revenue and it will take a desire to stay away from inequitable policies. We look forward to working with legislators to get the job done. Kansas simply cannot afford to delay any longer.

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Supreme Court: Schools May Open Under New Finance Bill

Jun 20, 2017 by

http://www.workingjournalistpress.com/articles/170302/Gannon-Case-Supreme-Court-opinion-released.php

The Kansas Supreme Court yesterday announced that Kansas public schools will be allowed to open under the finance plan passed by the Legislature in Senate Bill 19. This is not, however, to mean that they believe the new formula to be adequate or constitutional. That decision will be made later.

In making the announcement, the Court set July 18 as the hearing day for the new formula. The State will argue that SB 19 fully complies with the Gannon decision, while the plaintiffs will argue that it is inadequate in funding and contains a number of provisions that jeopardize equity. After hearing arguments from both sides, the Court will deliberate before making a ruling on the issues at hand. While the Court has said they will expedite this case, there is no telling how long their deliberations might take before a decision is reached.

Obviously, this means that there will not be a July special legislative session. If the Court rules against the State, there is still the possibility of a fall special session or the Legislature could be given the 2018 regular legislative session to address any shortcomings.

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Engage at home!

Jun 15, 2016 by

Screen Shot 2016-06-15 at 6.13.19 PMWith the special session of the Kansas Legislature just about a week away, now is the time for you to engage your representatives if you have not done so already.  Once they are under the dome, legislators tend to be focused on the politics within the building.  Most- not all- will take your calls, but in large part they are swimming in the ebb and flow of policy debate.

We recommend that you call your legislator right now.  As always, emails from personal accounts are okay, but personal contact is best.  Remember that KS Republican Party Director, Clay Barker has cast a dragnet to catch educators (and only educators) who exercise their right to free speech and who do so by voicing a dissenting opinion by using their school email or school devices.  Don’t succumb to their attempts to secure your silence through intimidation and fear.  Instead, take action now before the week ends and try to convey the following:

Click Here to find out who your reps are and contact info.
  • You have an expectation that the Legislature will finally do their duty according to the state Constitution and fund public schools equitably and adequately.
  • You expect them to steer clear of the political wrangling based upon the desire of some of the Governor’s closest allies to punish the Courts for doing their duty.
  • The Supreme Court does not seek out cases.  They take cases brought before the court by complaint of citizens and they rule on the constitutionality of the laws at the basis of the complaint.
  • The Court’s rulings in this case reflect the nature of the three branches of government system our state and nation were built upon to provide checks and balances against abuse of power.
  • The Legislature led by the Governor’s closest allies have created the conditions of inequity and inadequacy in school funding and it is the Legislature that is responsible for correcting these conditions so that schools will open in the fall.
  • You expect your representatives to have a single focus during this special session.  They should correct the conditions of inequity that exist without engaging in additional policy attacks in order to conclude the session quickly and ensure that schools open this fall.
  • Tell your story.  How does the actions of your representatives translate to you in your community.  Give examples.

 

School Funding Poll Results


Over a period of about one week, we conducted a non-scientific opinion poll.  The poll was modeled after a recent poll published in the Kansas City Star.  Our goal was to publish the poll publicly via social media and engage respondents statewide.  While we make no claims about the scientific nature of the poll, we did take some very specific measures to ensure validity.  The results reflect only responses from unique I.P. (internet protocol) addresses. Basically, this means that responses which were likely to have originated from the same device were excluded from the results.  We published the poll within our organization’s social media properties, but we also published the poll through promoted posts statewide.  After filtering the results as mentioned above, we ended up with nearly 2,400 responses and over 1,800 “valid” responses.  The results are displayed below along with a map displaying the general locations of respondents who completed the survey.  Click the images to view full size.

Poll Results

Poll Results

 

 

Location Analytics

Location Analytics

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