Topeka ? Gov. Kathleen Sebelius said Wednesday she worried the Kansas Supreme Court would claim oversight of the state’s public schools if legislators fail to satisfy the court’s coming ruling on education funding.

Sebelius and legislators are waiting for the court’s ruling in a lawsuit challenging how the state distributes $2.7 billion in aid to school districts. The lawsuit alleges the school finance formula is unconstitutional because it distributes money unfairly, hurting poor and minority students the most.

The governor said during an interview that responding to a court decision is “in the legislative arena at this point” and said if lawmakers failed, the Supreme Court could appoint a special master to oversee schools until an acceptable formula is in place.

“We can’t afford to have legislators who refuse to respond in an effective manner because the court will take over the schools,” Sebelius said. “This is not hypothetical. It really is a situation where responsible action is essential.”

Asked whether she would offer proposals after the court ruled, Sebelius said she wouldn’t speculate about the justices’ decision. Legislators open their 2005 session on Jan. 10.

“I’m certainly going to be engaged in the conversation,” she said.

One Republican leader suggested the Democratic governor is posturing. Sebelius is expected to seek re-election in 2006 and faces GOP majorities in both legislative chambers.

“I think she’s looking ahead to the next election and positioning herself to run against the Legislature,” said incoming Senate Majority Leader Derek Schmidt, R-Independence.

Sebelius said her concerns about court supervision were valid, based on cases in other states.

In Arkansas, the Supreme Court appointed two special masters and prodded legislators this year into rewriting the state’s school finance formula and approving $350 million in new taxes. Sebelius noted Kansas City, Mo., schools remained under federal court supervision for 19 years after a federal judge held it responsible for illegal segregation in 1984.

In January, Sebelius proposed phasing in tax increases of more than $300 million over three years to boost education funding and, she said, address concerns in the lawsuit. Legislators rejected her proposal and could not agree on any alternative during this year’s session.

“Trying to fashion a fair and targeted distribution of money is a pretty complicated situation,” Sebelius said.

Schmidt said legislators have a “broad commitment” to addressing the court’s ruling but acknowledged, “There’s going to be a vigorous fight over school finance.”