Court tackles state funding formula

Case challenging school financing finally to begin

? After years of legal maneuvering, Kansas’ system of funding public schools goes on trial Monday.

But the verdict is already in for Lawrence school administrators who have often judged the state guilty of shortchanging students.

“The Legislature hasn’t really addressed the real issue, and that is that they need to fund education at a proper level,” said Kathy Johnson, the Lawrence school district’s budget director.

“A finance formula doesn’t work unless it’s funded adequately, and as long as the state doesn’t fund the formula in a manner that keeps up with inflation, there won’t be a finance formula,” she said.

Lawrence isn’t directly participating in the court battle, but the trial’s outcome will affect public school students all across Kansas, including Lawrence.

Minority students and students with disabilities in the Dodge City and Salina school districts say the state doesn’t spend enough on education, and the money it does spend, it allocates in a manner that discriminates against them.

For example, the two districts, with large minority populations, are too large to qualify for extra funding that goes to predominantly Anglo districts in rural areas that have fewer than 1,725 students.

“In many cases, public school districts qualifying for low enrollment weighting receive more than twice as many dollars as those districts which do not qualify for such weighting,” the plaintiffs alleged in court filings.

And school districts are allowed to enhance local funding by additional taxes; a system that benefits wealthy schools districts.

“Low property wealth school districts must undertake greater local tax efforts than high property wealth districts in order to raise an equal amount of funds,” the lawsuit states.

As far as overall funding, the state spends more than half of its budget — about $2.6 billion — on schools, but in recent years, per-pupil spending has remained flat. The base state aid per pupil is $3,863 for the current school year, the same as it was for the previous year.

Attorneys representing the state have defended the current system as constitutional and said any changes should be made by the Legislature without interference from the court.

1991 — In advance of trial on lawsuits challenging the Kansas school finance law, State District Court Judge Terry Bullock ruled on certain questions of law raised by the lawsuits.1992 — After Bullock’s ruling, Gov. Joan Finney and Legislature enacted new school finance law before trial was set to begin.1994 — Kansas State Supreme Court upheld the 1992 law.1999 — Group of minority students and midsized school districts file federal and state lawsuits challenging the 1992 law as discriminatory against minorities and students with disabilities. State seeks dismissal of suits.2000 — U.S. District Judge Monti Belot of Wichita refuses to dismiss federal lawsuit. State appeals to 10th U.S. Circuit Court of Appeals in Denver.2001 — Bullock dismisses state lawsuit, saying there are disparities in education funding but that doesn’t mean the law is unconstitutional.2002 — 10th Circuit Court upholds Belot’s ruling that federal court can hear the case. The case is still pending in that court.Jan. 24 — Kansas Supreme Court overturns Bullock’s dismissal of case, saying plaintiffs raised new issues that were not considered in its 1994 ruling.Monday — Trial scheduled to start at 9 a.m. before Bullock in state lawsuit and is expected to last nearly two weeks.

State District Court Judge Terry Bullock, who is presiding over the case, said in a pretrial conference, “You’ve got two questions:

Are we treating the children equally; and is the totality (of funding) sufficient to an adequate education?”

But as legal arguments persist, some districts are taking matters into their own hands.

Last year, Johnson County voters approved increasing their sales tax to generate about $45 million over three years for six school districts.

Neighboring Wyandotte County filed a lawsuit saying the tax was unfair because it gives Johnson County, a wealthy area, a significant advantage over school districts in other parts of Kansas.

Lawrence school officials have proposed a sales tax increase similar to Johnson County’s.

And while Lawrence school officials concede it will further widen disparity in funding between districts, they say they have no choice.

“At some point, if the state is not going to take the responsibility, then it doesn’t leave districts much choice but to find an alternative so that they can continue to have good education in their communities,” Johnson said.

“If the state Legislature won’t do what is needed to fund the formula, that is what is going to happen,” she said.