Topeka ? Kansas Atty. Gen. Phill Kline said Tuesday that a pretrial ruling in the school finance lawsuit was “premature and flawed.”

Monday, Shawnee County District Court Judge Terry Bullock issued decisions to set the ground rules on how he would view the upcoming legal fight over the state’s method of allocating $2.6 billion to public schools.

Bullock stated he would judge the school finance system on whether all Kansas children had an equal educational opportunity.

He said any difference in funding from one district to another should be “suspect” and could only be justified “by a rational explanation (basis), which will usually be related to varying costs incurred in providing essentially equal educational opportunities. This test seems to be adequate for all purposes relevant to the current controversy.”

Kline, who as the attorney general will defend the state’s current school finance law, said he was concerned by Bullock’s decision.

“Arguably, under the court’s interpretation of our state constitution’s requirement for suitable funding, the local bake sale fund-raiser for the junior high band is unconstitutional, and the local-option budget, assistance for capital improvements and low-enrollment weighting may be found unconstitutional as well,” Kline said.

If Bullock’s analysis prevails after the Sept. 22 trial, Kline said he would appeal to the Kansas Supreme Court.

“It is time we educate, not litigate. The Legislature and local school boards are duly constituted to make the difficult policy choices inherent in education — not an individual member of the district court,” Kline said.

Poor school districts are suing the state, alleging the school finance system shortchanges minority students by allocating more money to school districts that are predominantly white.

Alan Rupe, an attorney representing the poor districts, has said he generally was pleased with Bullock’s pretrial ruling.

Dan Biles, an attorney representing the State Board of Education, said of Bullock’s decision: “There is something in it for everybody.”

Kline did agree with Bullock’s decision to drop Gov. Kathleen Sebelius and State Treasurer Lynn Jenkins as defendants in the lawsuit.

“Indeed, the Kansas Legislature is responsible for school funding, not the governor or treasurer,” Kline said.