Topeka ? Community groups can move forward with most of the lawsuit they filed to force the state to increase spending on services for the developmentally disabled, a Shawnee County district judge ruled Thursday.

The decision by Judge Franklin Theis will permit attorneys to gather evidence and take witnesses’ statements to support claims on behalf of five groups that provide services to the disabled, and InterHab Inc., an association that represents them.

They contend the state must spend an additional $91 million a year to comply with a 1996 law reforming services for the developmentally disabled. That figure represents a 39 percent increase in the $231 million budgeted now.

Attorneys for InterHab and the group have said the state owed at least $300 million total for its years of underfinancing.

The Department of Social and Rehabilitation Services sought to have the lawsuit dismissed even before attorneys started gathering evidence, arguing such litigation is not allowed under Kansas or U.S. law, or the state or federal constitutions.

Theis dismissed portions of the InterHab lawsuit asserting that federal law entitles the community groups to recover funds they were due in the past. However, he refused to dismiss the rest of the lawsuit that asserts similar claims under state law and seeks future relief under federal law.

InterHab’s attorneys were reviewing the ruling, and the group scheduled a news conference for 10 a.m. today. However, Executive Director Tom Laing said the group was pleased that most of the lawsuit would continue.

“This is the first time this law has been tested, and the state’s attempt was to throw it out,” he said. “This is a big victory for us.”

At SRS, officials still were reviewing the ruling.

“We can’t comment until we look it over,” spokeswoman Stacey Herman said.

Joining InterHab in the lawsuit against the state, SRS and Secretary Janet Schalansky are the Kansas Elks Training Center for the Handicapped, of Wichita; Training and Evaluation Center of Hutchinson; Topeka Association for Retarded Citizens; Sheltered Living, of Topeka; and Tri-Valley Developmental Services, of Chanute.

Theis allowed their attorneys to add two people who receive services as plaintiffs. So far, they’ve been identified only by their initials, R.S. and T.R.

The groups argue that the state has failed to meet its responsibility under the 1996 law to provide “adequate and reasonable” funds for community services. The law mandates that clients receive services in the least-restrictive environment possible and represented a move away from caring for the developmentally disabled in institutions.

InterHab’s attorneys argue that one sign that the state isn’t meeting its responsibilities is the low wages for community caregivers. They receive an average of $7.68 an hour, compared to $13.60 an hour for similar workers at state hospitals. The attorneys contend low wages create massive employee turnover, causing care to suffer.

Officials and legislators who have defended the level of spending provided have noted the state’s budget problems in recent years.