KU professor offers his services to lawmakers

Topeka ? Kansas University law professor Richard Levy trolled the Statehouse on Friday to provide assistance to lawmakers trying to figure out whether the State Constitution needed to be changed because of the recent school finance court order.

“I’m willing to talk to anybody,” Levy said after being invited to the House Democratic caucus.

On June 3, the Kansas Supreme Court ruled the school finance system unconstitutionally inadequate and ordered the Legislature to increase school funding by $143 million.

After 10 days of a special legislative session, lawmakers fought over the issue with a number of Republicans wanting to adopt a proposed constitutional amendment that would prevent the court from ordering lawmakers to appropriate funds.

Conservatives, including House Speaker Doug Mays, R-Topeka, have said the judicial decision represents an unprecedented power grab by the court.

To change the Kansas Constitution, a measure must receive two-thirds majorities in both the House and Senate, and then a majority of Kansas voters in a statewide election.

His goal is to provide neutral advice to lawmakers on the issue, Levy said.

The Kansas Constitution gives the Legislature the authority to appropriate funds, he said, but added he doesn’t believe the state Supreme Court has violated that authority.

“My feeling is we have not gotten to the point where the Supreme Court has harmed the power of the Legislature to appropriate funds,” Levy said.

He said he doesn’t believe the court will try to appropriate funds if it rules the Legislature has failed to comply with its order.

“They’d have to find some other kind of remedy to enforce their order,” he said.

What the court said in its ruling on Kansas school financing

Topeka – In a unanimous decision on June 3, the Kansas Supreme Court found that the school finance legislation enacted by the 2005 Legislature was unconstitutional according to the standards set by Article 6 of the Kansas Constitution. That standard states: “The Legislature shall make suitable provision for finance of the educational interests of the state.”
The court gave the Legislature until July 1 to comply.
In summary, the court found:
¢ Total funding of schools was inadequate in light of a legislative study that recommended an increase of $853 million. Earlier this year, Republican majorities approved an increase of $142 million. The court told lawmakers to raise it another $143 million by July 1, for a total of $285 million, which is one-third of the amount recommended by the study.
¢ The court rejected other aspects of the new school finance law. One would have increased the ability of local school districts to increase their maximum allowable property taxes. The court said that would worsen school funding disparities between wealthy and poor districts.
The court also disallowed extra funds for districts with declining enrollment, finding the policy would further unequalize funding because it benefits only a small number of districts.
A new cost-of-living property tax increase for 17 wealthier districts, including Lawrence, was struck down.
¢ The court also expanded a study on school costs that will also look at how much it would cost to have students achieve proficiency. The study is due to the Legislature in 2006.
For funding beyond the next school year, the court said it would consider implementing the remaining two-thirds of the recommended amount from the legislative study, which would be $568 million.