Varied voices weigh in on school finance case

? If the Kansas Supreme Court wanted a lot of different views on how the state finances its schools, the seven justices got them — in spades.

Anti-tax groups, teachers unions, large school districts, small school districts, children’s advocates — even the group founded by civil rights activist Jesse Jackson — had plenty to say about the way Kansas distributes $2.7 billion in state aid. All took different roads but reached the same destination: The formula could use some work.

Justices received the written arguments in the weeks leading up to Monday’s scheduled hearing on school finance litigation. A dozen of them, known as friend of the court briefs, were filed by parties with a vested interest in the hearing’s outcome. Their attorneys will not argue during the hourlong hearing.

Dan Biles, attorney for the State Board of Education, said different perspectives of a case were typical, but he didn’t expect the number of briefs that were filed.

“The diversity of views expressed in the briefs is pretty dramatic and illustrates the difficulty in finding an educational viewpoint that satisfies everyone,” Biles said.

The case

The appeal involves a lawsuit filed in 1999 by parents and administrators in the Dodge City and Salina school districts. The parents say the state’s funding formula is unconstitutional because too much money goes to small rural districts with few minority students.

In December 2003, Shawnee County District Judge Terry Bullock ruled in their favor, finding the formula flawed and giving legislators until July 1 to fix the problems, including how money is allocated for programs helping poor and minority students.

Minority advocates

The friend of the court briefs amplified the problems that the trial highlighted.

For example, in its brief, the Rainbow/PUSH Coalition was adamant that Kansas — like other states — neglects the civil rights of poor and disadvantaged students whose districts lack resources.

Quoting Jesse Jackson, the coalition evoked the legacies of abolitionist John Brown and the landmark 1954 U.S. Supreme Court ruling against school segregation in Brown v. Board of Education. The brief characterized the lawsuit as being true to the state’s heritage, seeing it as part of an ongoing struggle for civil rights.

Attorney Janice Mathis wrote that minority and poor students were concentrated in school districts that received a disproportionately low amount of education funding. This “defacto segregation” means disadvantaged students too often receive a substandard education.

“Brown was a first down — not a touchdown,” wrote Mathis, a mantra Jackson used during the May dedication of the Brown National Historic Site in Topeka.

Taxpayer point of view

Meanwhile, Bob Corkins, attorney for the Kansas Taxpayers Network wrote that the Kansas Constitution requires legislators make “suitable provision for finance” for K-12 education, but does not address the quality of that education.

Moreover, Corkins wrote, simply adding more money to schools assumes that current levels are inadequate and that the additional dollars will be spent wisely, resulting in a better education.

“The court should discern the meaning of our state constitutional provisions rather than negate their plain meaning or insert new terms through judicial fiat,” Corkins wrote.

Alan Rupe, attorney for the Salina and Dodge City plaintiffs, said Corkins’ brief was well-written and well-thought out, but “I disagree with every word of it.”

Rupe was struck by the similar positions taken by the Topeka and Wichita school districts, as well as Rainbow/PUSH, which he said “preach the same chorus to the choir that we do for the plaintiffs.”

And while the crux of the case is spending for poor and minority students, Rupe added, “We’re failing the white kids, too.”

Local control at issue

Arguments from the DeSoto, Olathe and Blue Valley districts in Johnson County were a defense of local control. The districts — some of the wealthiest in Kansas — have fought since the formula was written in 1992 for increased authority to raise local property taxes to provide a better education than the state can afford.

However, the districts argued, instead of using additional local property taxes to pay for extras, such as technology, districts are using the money to pay for teacher salaries and to keep the lights burning.

Smaller school districts defended their funding levels, often criticized for being unjustified compared to urban peers. The districts argued that there are fixed costs to operate schools and pay teachers. With the funding formula based on enrollment, additional dollars are necessary to provide quality education in rural areas, small schools argue.

Here’s a look at the history of school finance in Kansas:Nov. 8, 1966: Voters approve a constitutional amendment establishing a 10-member State Board of Education having “general supervision” over public schools, with the Legislature required to “make suitable provision for finance of the educational interests of the state.”Sept. 10, 1990: 31 school districts sue over the school-finance formula.1991: In advance of trial, Shawnee County District Judge Terry Bullock rules on certain questions of law raised by the lawsuits.1992: After Bullock’s ruling and before trial begins, Gov. Joan Finney and the Legislature enact a new school finance law creating a statewide property tax for schools.1994: Kansas State Supreme Court upholds the 1992 law.1999: Group of minority students and 14 mid-sized school districts file federal and state lawsuits challenging 1992 law as discriminatory against minorities and disabled students. 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 the law is constitutional.2002: 10th Circuit Court upholds Belot’s ruling that federal court can hear the case.Jan. 24, 2003: Kansas Supreme Court overturns Bullock’s dismissal of state case, saying plaintiffs raised new issues that were not considered in a 1994 ruling on the 1992 law.Sept. 22, 2003: Trial starts before Bullock in state lawsuit.Dec. 2, 2003: Bullock rules state funding system unconstitutional, gives lawmakers until July 1 to correct the system.Jan. 12: Gov. Kathleen Sebelius unveils $314 million tax increase for schools over a three-year period.March 8: Atty. Gen. Phill Kline appeals Bullock’s decision via bill approved by Legislature allowing accelerated appeal.May 8: Legislature adjourns after rejecting numerous proposals to increase school funding.May 11: Bullock issues order to stop school funding effective June 30.May 19: Kansas Supreme Court stops Bullock order.Monday: Oral arguments in school finance case begin at 1:30 p.m. before the Kansas Supreme Court.