Supreme Court blocks order to close schools

Justices put state's appeal 'on the fast track'

? Parents in Lawrence can rest easy: Lawrence public schools will open this fall.

The state Supreme Court ruled Wednesday that the school year would go on as planned, despite a district court’s ruling to the contrary a week ago.

“I’m glad we don’t have to live with that kind of indecisiveness,” Lawrence Supt. Randy Weseman said. “There was a lot of fear among our staff members and parents that the situation was iffy. People can feel comfortable now, and now the state can start dealing with the funding conundrum.”

The court issued a one-paragraph order saying “all further proceedings” in a school finance lawsuit against the state remain stayed until justices rule on that lawsuit.

Last week, Shawnee County District Judge Terry Bullock ruled that schools could not spend any money after June 30 unless legislators first corrected constitutional flaws in the state’s formula for distributing education funds. The order would have prevented schools from opening in the fall.

However, a day after Bullock ruled, Atty. Gen. Phill Kline asked the Supreme Court to intervene.

“The process works,” Kline said after the Supreme Court issued its decision. “It’s not a process where one person like a district court judge can force a radical redefinition of education while closing schools.”

Bullock’s order last week came in a lawsuit filed in 1999 by parents and administrators in the Dodge City and Salina school districts. The Supreme Court’s order, signed by Chief Justice Kay McFarland, did not explain why it was blocking Bullock’s ruling.

Separately, in a memo to news organizations, the Supreme Court disclosed plans to have attorneys argue the school finance lawsuit the week of Aug. 30.

“They’ve got this on the fast track,” Supreme Court spokesman Ron Keefover said.

Cordley School first-graders gather around teacher Amy Spurlock for a time of sharing. The Kansas Supreme Court Wednesday blocked a lower court's ruling that would have closed public school after June 30. Classes at Cordley carried on as usual Wednesday.

If the court holds to its timetable, it could issue a ruling as early as Oct. 15. However, the court often takes longer to decide complicated cases.

Weseman said he was hoping for a quick ruling.

“That would be good for everybody,” he said. “We need to get to some kind of solution here, one way or the other. If there’s not going to be money, that’s one thing. If there is more money, we need to start planning for it.”

The Supreme Court’s stay pleased legislators and Gov. Kathleen Sebelius, who had tried to reassure parents and teachers that schools probably would open this fall.

Sebelius, said spokeswoman Nicole Corcoran, “is pleased that the fears of parents, teachers and children have been put to rest about schools closing in June.”

Also welcoming the order was Alan Rupe, the lead attorney for the plaintiffs. He said he would not have to argue about Bullock’s attempt to shut down schools while trying to convince the Supreme Court that the school finance system was flawed.

“The last thing we wanted to do is fight a battle on two fronts,” Rupe said.

In a December preliminary ruling, Bullock said the system for distributing $2.77 billion in state aid was unconstitutional partly because it underfunded programs for poor and minority students. He also found funding inadequate to “make suitable provision for finance” of education, something the Kansas Constitution requires.

$850 million shortfall

The plaintiffs argued that school districts with high concentrations of poor and minority students received less than their fair share of the state’s education dollars, hurting efforts to close gaps in academic achievement between those students and other children.

Bullock said the only concrete evidence about whether the state spent too little money was a 2002 consultants’ report commissioned by the Legislature, which suggested funding fell short each year by more than $850 million.

The judge gave Sebelius and legislators until July 1 to fix the flaws he identified, but legislators adjourned their session May 8 without passing a school finance plan. Three days later, Bullock issued his final order, closing schools after June 30.

Kline and legislative leaders had said they did not expect Bullock’s order to take effect because the state already had appealed his December order to the Supreme Court.

Also, state officials argued, Bullock’s order could have caused major problems.

For example, State Treasurer Lynn Jenkins said Tuesday her office would no longer be able to issue some $303 million worth of annual payments on bonds issued by school districts, meaning local districts would default. She said the state’s bond rating could be affected as well.

Bullock issued a court memorandum Tuesday that said his ruling would not affect payments on bond issues.

“Governor Sebelius is pleased that the fears of parents, teachers, and children have been put to rest about schools closing in June. … Once the court’s ruling has been made, the governor will decide the appropriate action for her to take. Governor Sebelius is disappointed that the inaction of the Legislature has put Kansas schools in this predicament.”— Sebelius spokeswoman Nicole Corcoran.“It shows that the court’s going to be able to get to this case in a prompt fashion and will get a ruling out certainly before the end of the year.”— Dan Biles, attorney for the State Board of Education.“It by no means lets Legislature off the hook. We still have to come to the grips with the funding reality of schools. But we probably won’t do anything real drastic until the court rules. … It certainly is about what we expected.”— Senate Ways and Means Committee Chairman Steve Morris, R-Hugoton, in an interview with radio’s Mid-America News Network.“It is a welcomed order. The last thing we wanted to do is fight a battle on two fronts, arguing about a remedy while we’re also trying to hold up the judge’s previously ruling on the constitution.”— Alan Rupe, the lead attorney for parents and administrators in the Dodge City and Salina school districts, who sued the state over education funding in 1999.“I think it’s a very appropriate decision for the Supreme Court to make, primarily to prevent disruptions in the school system. Now we can focus on the appeal to the Supreme Court.”— Sen. John Vratil, R-Leawood.— compiled by The Associated Press

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: The Legislature enacts a new school-finance law, creating a statewide property tax for schools.1994: Kansas Supreme Court upholds the 1992 law.1999: A group of minority students and 14 midsized school districts file federal and state lawsuits challenging the 1992 law as discriminatory.2000: U.S. District Judge Monti Belot of Wichita refuses to dismiss federal lawsuit. Kansas appeals to the 10th U.S. Circuit Court of Appeals.2001: Bullock dismisses state lawsuit, saying there are disparities in education funding but that the law is not unconstitutional.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 the state case, saying plaintiffs raised new issues 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.March 8: Atty. Gen. Phill Kline appeals decision via a bill approved by the Legislature allowing accelerated appeal.May 8: Legislature adjourns without approving any increased funding for public schools.May 11: Bullock issues order to stop school funding effective June 30.May 12: Kline asks Supreme Court to stay Bullock’s latest order.Wednesday: Supreme Court orders “all further proceedings” stayed until high court rules on the lawsuit.