House approves $139 million school finance plan

? House members approved a $139 million school finance package today, the chamber’s latest attempt to satisfy a Kansas Supreme Court deadline less than 24 hours away.

The 64-59 vote sends the package to the Senate. Legislators were in the ninth day of a special session called to respond to a Kansas Supreme Court mandate to increase school funding by $143 million by Friday.

Gov. Kathleen Sebelius said legislators should remain in session until they approve an education funding plan – whether they miss Friday’s deadline or not. She accused House GOP leaders of “playing a game of chicken.”

“It’s time to do the job and go home,” Sebelius said during a news conference. “They have a duty to fund our schools adequately.”

House leaders guided their package through three hours of debate Wednesday night, rejecting an alternative brokered by the coalition of moderate Republicans, Democrats and senators who drafted a $160 million alternative, close to the spending already approved by the Senate. Offered as an amendment, it failed on a 65-59 vote. The plan included $30 million in local property tax relief.

Sebelius continued to advocate the coalition plan.

“There’s been an incredible amount of compromise,” Sebelius told reporters. “The player not at the table is the House leadership.”

Rep. Bruce Larkin, D-Baileyville, said the next step for the coalition is to wait for senators to approve a similar proposal, then get the House to approve it.

“This may not be the last train,” Larkin said. “There may be another opportunity.”

Senate Majority Leader Derek Schmidt said the House rejection of the coalition’s package wasn’t a setback. The Senate planned to debate the plan Thursday.

“I think that vote tells us the bipartisan compromise has buoyancy,” said Schmidt, R-Independence. “As we wind down the session, that has to be part of the final decision.”

Mays acknowledged that the vote on the plan showed stronger support for the coalition plan than he had anticipated.

“You can never count anything as fully dead until the last gavel drops,” May said. That was a fairly strong vote.”

He said Monday that if the Senate approved a similar plan and sent it to the House, he’d block consideration of it. Asked Wednesday whether he’d keep that promise, Mays, R-Topeka, said: “I’ve got to think about that.”

During debate, Rep. Ward Loyd, R-Garden City and member of the coalition, said legislators should keep one question in mind to guide their voting.

“Who speaks for the children? The Supreme Court is trying to speak for the children. That is a voice I will not ignore,” Loyd said. “This is not a constitutional crisis unless we elect to make it one.”

The new House leadership package has two key conditions.

Some funds would be appropriated only after the results of a new cost study is completed on the needs and expenditures of the state’s 300 school districts.

More importantly, the money would be contingent upon the Legislature approving a constitutional amendment to clarify that only legislators have the authority to appropriate money.

While the Senate has approved the amendment, it lacks support in the House, particularly among Democrats. Rep. Mike O’Neal said he didn’t know if both measures will pass the House.

“But you never know until you try,” said O’Neal, R-Hutchinson.

The House leadership plan also phases in when the additional spending would be available to school districts, including $33 million that be released only after legislators receive results of a cost study by the Legislative Division of Post Audit.

The audit, which was ordered by the court, is expected to be released by January.

“It’s my belief that we need to send a message to the schools and to the courts that we are serious,” said Rep. Melvin Neufeld, R-Ingalls.

Neufeld described the $33 million as a down payment toward whatever amount the cost study finds schools need.

Moderates, including Rep. Bill Light, R-Rolla, said the downpayment was in fact defying the court.

“This is another attempt to dance with the court, and our friends aren’t tired of dancing yet,” Light said.

Senate Vice President John Vratil, R-Leawood, said the House package did little to address the court’s order, and much of the new money would not get to schools in timely manner to improve education during the 2005-06 school year.

“It’s classic House gimmicks,” Vratil said.