Legislative power

To the editor:

Contrary to some people’s views, the Kansas Supreme Court has NOT “taken over” funding of public schools. The Kansas Supreme Court acted appropriately through judicial review to protect the rights of the individual, in this case, the rights of the public school students of Kansas. Several school districts filed suit with the court appealing the action (or inaction) of the Kansas Legislature in regard to school funding. This process is guaranteed as a part of our governmental system as a way to maintain checks and balances among the three branches of government.

Here’s a hypothetical situation to consider: Suppose that someday there is a constitutional amendment banning the courts from any input on school funding (as some legislators wanted). Then let’s further suppose that in the next session, the Legislature in its wisdom chose not to fund USD 497 since it is located in a county in Kansas that consistently votes for Democrats (or for any other reason of the choice of the majority). Who could appeal that decision if a constitutional amendment had been passed denying judicial review of legislature action? No one. Far-fetched? Who knows?

Soon the Legislature will receive a new report on school funding since they would not accept the findings of the previous report. It is my fervent hope that the Legislature will fund public education adequately. If they do not do so, then I expect that the Kansas Supreme Court, if requested to review legislation by plaintiffs, will act to protect the rights of school children as guaranteed by our Constitution.

Harriet Shaffer,

Lawrence