Topeka ? Around the campfire, cowboys might tell the story from the frontier days of Kansas, when a rancher returned from town to find his house burned to the ground, his cattle rustled and his prized stallion dead.

After months of tracking the villain, the rancher found him in a saloon and killed him on the spot. Why, the rancher was asked, did he do that?

“I can rebuild my house. I can buy more cattle. I’m a peaceable man, but he just went too far. He shot my favorite horse,” the rancher said.

Some legislators wonder whether the State Board of Education went too far by naming as education commissioner Bob Corkins, a conservative political activist who’s lobbied against increased school spending and has no professional education background.

Did they shoot the horse?

“You have the question of whether this is a representative decision of the state, and that’s where you are getting some raised eyebrows in the Legislature,” said Washburn University political scientist Bob Beatty.

It’s not the first time the board’s conservative majority of six has left people wondering if the horse had been shot.

Backing Corkins are board members pushing new science standards written by intelligent design advocates, criticizing the theory of evolution. Most also want school districts to get parental permission before students can attend sex education classes.

When Corkins was named, some lawmakers began talking about passing a proposed constitutional amendment allowing voters to decide whether they want to abolish the elected board.

“If there is a backlash to this, it most likely will be questioning anew whether the Board of Education should be disbanded and replaced by a secretary of education named by the governor and confirmed by the Senate,” said Senate Majority Leader Derek Schmidt, R-Independence.

Issue for next session

Senate Education Committee Chairwoman Jean Schodorf said it’s beyond “likely.”

“I promise you it will be back in the next session,” said Schodorf, R-Wichita.

Since 1969, legislators failed more than 30 times to either abolish the board or change the way it operates. The board continues as it has since its 1966 inception – voters elect the 10 members, who hire the education commissioner.

“You’re hearing more moderates talking about it now, where before it was conservatives,” said House Education Chairwoman Kathe Decker, R-Clay Center. “It’s an idea that’s always out there. It’s not going away.”

And, Decker added, “It might even make it through the House.”

Opponents of the board concede building grassroots momentum won’t be easy.

“I’m not sure people will be willing to give away their right of electing the board members,” said Kathy Cook, executive director of Kansas Families United for Public Education.

But others see the ranchhouse burned, the livestock gone and a horse looking scared.

“I think it’s very possible if it’s on the ballot, it could win simply because of the volatility of the board, the impression that it has turned into a political sideshow,” Beatty said.

Strong campaign issue

Even if abolishing the board doesn’t gain traction, it doesn’t mean voters can’t change things. Next year, four of the six conservatives will be up for re-election and Kansans could create a more moderate board.

“How many of these evolution debates can go on before the people say our leaders are failing because they are going in directions that embarrass us?” Beatty said. “The question is what is enough, that we need to show some commonsense on education issues.”

Board members are elected by regions, but the issue could spill into the statewide arena, especially with Democratic Gov. Kathleen Sebelius’ expected re-election bid.

“It’s possible the board handed her a campaign issue,” Beatty said. “It’s very possible it could lead to a platform in her campaign in which she says it’s time to stop this.”

It also could be a good issue for Republicans, especially in a year when they will be trying to keep moderates from voting for Sebelius, as they did when she won in 2002.

“What the Republicans realize is there will be a Republican again in the governor’s office and then they would be able to appoint a secretary of education or the board and have some sort of control,” Beatty said. “There is no reason Republicans can’t support some sort of change in the system if they want to think long term.”

If moderates decide to embrace the idea of change, then conservatives could be left wondering whether they have, indeed, shot the horse.