Topeka ? In other states, special legislative sessions occur frequently enough that they aren’t a big event. That’s not true for Kansas.

The first special session in more than 15 years is to begin Wednesday, called by Gov. Kathleen Sebelius because of a Kansas Supreme Court ruling ordering legislators to double the size of an increase in aid to public schools by July 1.

That ruling initially inspired heated talk about defying the court. Many conservative Republicans remain more interested in checking the court’s power than appropriating additional funds.

But some of their colleagues are resigned to finding extra dollars, a task made easier because they and Sebelius don’t believe they need to consider higher taxes in the short-term.

Key issues will be whether the state should expand gambling to provide future revenues, how much extra money to provide to schools and how that money should be distributed.

Legislative leaders hope the session lasts only three or four days. Some education officials want lawmakers to debate long-term solutions to what they see as chronic underfunding of schools.

“Otherwise, we’re back in the frying pan,” said Kathleen Whitley, the finance officer for the Garden City school district.

Rare order

The Legislature last met in special session in December 1989, to approve emergency property tax relief measures. Kansas has seen only 19 special sessions in 144 years – and only five in the past 50 years.

The Supreme Court’s order, issued June 3, came in a lawsuit filed in 1999 by parents and administrators in the Dodge City and Salina school districts.

They alleged the state didn’t spend enough money to meet a mandate under the Kansas Constitution to provide every child with a suitable education. They also said the state distributed its money unfairly, starving programs for poor and minority students and pupils at risk of failing.

The plaintiffs prevailed in district court. In January, the Supreme Court told legislators to provide more money and fix flaws in the formula for distributing aid, but it wasn’t specific.

GOP leaders, determined to avoid higher taxes, pushed through an increase of $142 million, or 5 percent, relying on existing revenues and tapping the state’s cash reserves.

Sebelius and fellow Democrats denounced the plan, and the court declared it inadequate. The court said legislators must provide an additional $143 million by July 1.

The total increase would be $285 million, or about 10 percent, pushing total state aid past $3 billion. The court suggested it would mandate much larger increases next year, based on a 2001 consultants’ study commissioned by legislators – but derided by Republican leaders as flawed.

Republican revolt

Democrats accepted the ruling, but Republicans who control the Legislature did not, even many moderates. Conservatives contend the Legislature must resist to preserve the power granted to it under the state constitution.

For example, Sen. Phil Journey, R-Haysville, said the proper response is putting a proposed constitutional amendment on the ballot this year to clarify that only the Legislature determines the amount of education funding.

“I’d rather get back to representing my district, rather than acting as a puppet for the court,” he said.

But others argue legislators should save such proposals – and a possible constitutional crisis – for next year. They and some educators fear that defiance will provoke the court into keeping schools closed, potentially delaying the next school year.

Many educators believe the court has the authority to order the remedy it did.

“I think some of the legislators don’t seem to remember lessons from civics in high school,” said Gary Diener, the Olathe district’s executive director of business and finance. “I think the resolve of the court was very evident.”

Spending decisions

There are still questions about how much money to spend and whether the state needs to find additional revenues.

Some legislators argue for providing at least $143 million and others for less than that. Rep. Mike O’Neal, R-Hutchinson, said legislators should reopen the entire budget and consider increases for social services and higher education as well.

“I don’t think it’s fair to the other budget constituents that, suddenly, we would scrape every penny together to throw at education,” he said.

Senate President Steve Morris, R-Hugoton, acknowledged: “We have a lot of divergent views within our caucus, and we’ll have to work through those.”

While legislators could rely on existing revenues to provide the $143 million – thanks to new, more optimistic revenue projections – they’d still face a budget shortfall in 2007. That’s because of commitments made in previous years, particularly for highway projects and shoring up the pension system for teachers and government workers.

Sebelius advocates expanded gambling, but some Republicans don’t think it’s necessary yet.

House Minority Leader Dennis McKinney, D-Greensburg, is frustrated with the no-tax talk. The court said legislators couldn’t authorize higher local property taxes instead of state funding – a boon to taxpayers, he said.

“I think most people would prefer to be in and out quickly in a special session,” he said. “We just can’t lose sight of the fact that there are difficult choices coming.”