Judge could stop funds to schools

Court has several options if formula not fixed by July

? A judge who declared the public school finance system unconstitutional could try to close the schools down, an attorney representing the Kansas State Board of Education said Thursday.

Attorney Dan Biles told a legislative committee that Shawnee County District Judge Terry Bullock’s order didn’t specify what he would do if the Legislature and governor failed to correct the finance system. But one possible action, Biles said, is that Bullock could try to prevent the allocation of funds to schools, “in effect shutting down the public schools.”

Earlier this week, Bullock ruled Kansas’ system of funding education was unconstitutional and shortchanged public schools by about $1 billion. Bullock gave lawmakers until July 1 to correct the system.

In briefing the Legislative Educational Planning Committee, Biles said Bullock could fashion his own funding method or simply order the state to stop school payments through statutes that he declared unconstitutional. Bullock has declined to comment on the case beyond what is in his ruling.

Biles said Bullock’s order was “sweeping” and applied to nearly every area of school finance.

Unlike previous school finance litigation that dealt primarily with equal funding, Bullock’s order demands the state ensure each child has an equal opportunity to reach his potential, Biles said.

“The opinion is looking at the outcome of every child in Kansas,” Biles said. “I’m not saying that’s good or bad; I’m saying it is quite sweeping in its analysis.”

He noted Bullock’s order could not be appealed yet because it was not final and apparently wouldn’t be until after the July 1 deadline.

Committee members had conflicting views about the judge’s order.

Rep. Carol Edward Beggs, R-Salina, criticized Bullock for relying on a consultant’s report — which was ordered by the Legislature — that said Kansas needed to spend $850 million more on schools.

Beggs said the Legislature should “get a second opinion,” noting some consultant reports are “shelf-worthy.”

But committee chairman Dwayne Umbarger, a Republican senator from Thayer, said Bullock’s funding goal could be reached over a two- or three-year period. He said the political environment was shifting in favor of getting additional funds to education.

“The time is fast approaching that we will deal with this issue,” Umbarger said. “The environment under the (Capitol) dome is starting to change.”