School finance case goes before Supreme Court

Arguments to be broadcast live over Internet today

? Attorneys are returning to the Kansas Supreme Court for the second time in less than a year to argue the merits of the state’s school finance system.

At stake in today’s hearing is how well the Legislature responded to the court’s Jan. 3 order to increase education funding above its present $2.7 billion and distribute those funds fairly among 301 school districts.

Last month, legislators approved a $142 million increase, using existing state revenues and allowing school districts to increase their spending through higher local property taxes. Future state increases would be tied to inflation, as measured by the Consumer Price Index.

Today’s hearing is the latest development in the lawsuit filed in 1999 by parents and administrators in the Dodge City and Salina school districts.

The court hasn’t said how quickly it will rule on the issue, but time is a concern. School districts are already setting their budgets for the 2005-06 school year.

Administrators and local school boards make staffing decisions based on how much state and local revenue they will receive for the school year. Without solid numbers, they’ll have trouble determining how many teachers to hire, what programs to adjust or how much to increase salaries.

But justices have shown an inclination to be deliberate, taking more than four months between an Aug. 30 hearing last fall and the ruling issued in January.

When they filed their case in Shawnee County District Court, the school districts claimed the state’s plan for distributing funds was flawed because of how the money was allocated for programs aimed at poor and minority students. District Judge Terry Bullock ruled in favor of the school districts, giving legislators time to fix the flaws during the 2004 session.

Oral arguments start at 9:30 a.m. today in the Kansas Supreme Court courtroom in the Judicial Center, 301 SW 10th Ave., Topeka. Justices have set aside 2 1/2 hours to hear the case.The arguments will be video-streamed live over the Internet. Links and instructions for accessing the live broadcasts will be included on the Kansas courts Web site at www.kscourts.org and at www.kanedlive.org.

Legislators responded by appointing a special school finance committee and passing a law sending the case to the Kansas Supreme Court on an expedited schedule. Bullock issued a final ruling in May, ordering schools closed as of July 1, 2004.

Justices put Bullock’s order on hold and took up the case.

Along with the state case, Wichita attorney Alan Rupe, who represents the school districts, has filed a case in federal court making similar claims of unfair funding for poor and minority students. That case is on hold pending outcome of the state litigation.