District may join schools suit

Lawrence schools may pay $40,000 for litigation against state

Lawrence schools could have more than $6 million extra funds in their coffers this year, thanks to the bitterly fought school finance lawsuit.

Now the school district could roll as much as $40,000 of that new money back to help pay for the continuing litigation against the state.

Schools may have won the finance battle against the state this year, one lawyer said, but the war will continue.

“If everybody in the state of Kansas thinks that (recent) special session was contentious, they have no idea what’s coming down the pipe in the next special session,” said Alan Rupe, lead attorney for plaintiff school districts.

The board has been asked to pay $4 per student to help finance the lawsuit. The district’s enrollment is about 10,000. The school board in a meeting this week added the matter as a soft line item and will have more talks before deciding whether to contribute.

The suit was first filed in 1999 by the Salina and Dodge City school districts, which argued the state was not properly and equitably funding education.

Other districts joined the suit, but Lawrence – because of tight finances – wasn’t able to contribute to the effort.

But a flush of funds could give the board some leeway this year.

“We have clearly benefited from the lawsuit, and all Kansas kids have,” board member Rich Minder said. “This is an investment that reaps future return.”

And board member Sue Morgan said the district might consider joining the suit as a full-fledged plaintiff.

“That’s not out of the question,” Morgan said.

Representatives from the plaintiff districts have approached several school districts, starting with those that saw the greatest increases in per-pupil funding, said Fred Kaufman, the Hays school superintendent and head of the Schools for Fair Funding coalition.

“We have simply picked out some districts whose help we would like to have, and we’ve started with them,” Kaufman said. “The next session will be very, very critical.”

If Lawrence opts to support the suit, the funds would come from the district’s local option budget which is funded by local tax dollars, Lawrence Supt. Randy Weseman said.

That’s because districts can’t use general fund dollars for attorney fees or other costs supporting litigation against the state. But schools were allowed to expand their local option budgets under the new finance plan.

The money would be used for attorneys, experts, lobbying and other activities and getting the legislature to increase funds for education, Rupe said.

The Lawrence board members are unresolved on making a contribution.

“There’s definitely merit in continuing the suit,” board member John Mitchell said. “I won’t make up my mind until we talk specifically about the amount of money.”

Kaufman said the goal is to broaden participation in the suit.

“What’s really scary about it is I’m not sure it will ever end,” he said. “Some of the attitudes I’ve seen lead me to believe this will not end.”

The next legislative session begins in January.