U.S. Court of Appeals judges Thursday were asked to decide whether the state of Kansas can be sued in federal court over a dispute about the state's school finance law.
The 10th Circuit case stems from a lawsuit filed in U.S. District Court in Wichita alleging the state's formula for distributing aid to 304 public school districts discriminates against minority and disabled students.
"In terms of our status in federal court, it is my belief, based on the questions by judges in oral argument, the federal court case will go forward," said Alan Rupe, an attorney representing Kansas school districts trying to overturn the state's 1992 school finance law.
A companion lawsuit challenging the law has been dismissed in state district court.
Rupe and Scott Hess of the Kansas Attorney General's Office appeared before a three-judge panel in Denver. The state is appealing U.S. District Judge Monti Belot's decision to allow the litigation to proceed in federal court.
A ruling from the Court of Appeals is expected within two months, Rupe said. Hess couldn't be reached for comment, and the Attorney General's Office has a policy against public discussion of pending litigation.
Rupe said the judges questioned why the state could accept federal funding and agree to abide by federal discrimination law but not be subject to lawsuits in federal court.
"The issue before the court is ... whether the 11th Amendment immunity would block our lawsuit against the state of Kansas in federal court," he said. "This is important stuff. As you know, the state lawsuit has fallen by the wayside."
The merit of the state's school finance formula wasn't discussed at the hearing, Rupe said.
The federal case was filed by the Salina and Dodge City school districts and is supported by a dozen other districts.
Constitutionality of the 1992 school finance law was upheld by the Kansas Supreme Court in a 1994 decision. This is the first time school districts have sought intervention from a federal court.
If the appellate court finds in favor of Rupe's clients, he said a trial on the issue wouldn't begin for 12 to 18 months.
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