TOPEKA ? The State Board of Education agreed today to help the state’s top law enforcement official try to outmaneuver the Kansas Supreme Court so it wouldn’t be able to freeze funding to public schools.

The Supreme Court has announced it will consider withholding money from public schools until legislators comply with its order to provide an additional $143 million in education funding. Such a decision by the court could keep schools from opening later this summer.

Legislators missed the court’s July 1 deadline to boost school funding but plan to resume a special session Wednesday.

The Board of Education normally certifies the amount schools districts receive each month. Attorney General Phill Kline’s plan calls for the board to certify all money districts would receive for the entire academic year before the court can rule. Kline believes the court can’t prevent the state treasurer from distributing money once the amount due to school districts has been certified.

The board’s vote was 6-4, with Kline’s fellow conservative Republicans approving of the plan.

“We believe it is important to try to do something to keep schools open,” said board chairman Steve Abrams of Arkansas City.

The board’s Democrats and moderate Republicans said they don’t want schools to close but questioned whether what Kline is suggesting is legal.

“I think this could backfire on us, and the backfire could hurt our kids,” said board member Janet Waugh, of Kansas City.

The court has scheduled a hearing for Friday so attorneys can explain why it shouldn’t freeze school funds. The board said it would certify the money as soon as possible but must first figure out how much each district would receive.

Still, certifying the year’s funds would require the approval of the state budget director, who works for Gov. Kathleen Sebelius.

Sebelius spokesman Nicole Corcoran said the governor hasn’t made a decision whether to go along with Kline’s proposal.

“We have some people looking at what’s been suggested,” she said.

The Supreme Court ordered the increase in school funding on June 3, in a lawsuit filed in 1999 by parents and administrators in Dodge City and Salina.

Alan Rupe, the lead attorney for the plaintiffs, said he doubted the maneuver would work, adding that the court has many ways to cut off the flow of funds.

He jokingly suggested Kline should write a textbook on such maneuvers.

“Maybe we could have a chapter on how you commit car theft and avoid going to jail,” Rupe said. “What kind of example does it set for children to have the chief law enforcement officer showing contempt for a court order and trying to get around the law? Shame on him.”