Archive for Monday, January 14, 2013

Court ruling casts shadow over governor’s State of the State address

January 14, 2013


Gov. Sam Brownback will lay out his legislative agenda for the 2013 session when he delivers his third State of the State address, scheduled for 6:30 p.m. today.

But a ruling last week by a special three-judge panel in the ongoing school finance lawsuit will cast a shadow over the legislative options available as Brownback and state lawmakers craft tax policies and a budget for the upcoming fiscal year, which begins July 1.

On Friday, the panel ruled in the case of Gannon v. Kansas that current levels of school funding are unconstitutional under Article 6 of the Kansas Constitution, and that the Legislature has to adhere to funding standards that the Kansas Supreme Court approved in 2006 when it dismissed the last school finance case, Montoy v. Kansas.

That means, at a minimum, the Legislature has to provide $4,492 in “base state aid per pupil” next year — an increase of 17 percent from this year’s funding level of $3,838 per pupil. In all, that’s about $442 million above the current funding level.

Immediately after the ruling, Brownback and incoming House Speaker Ray Merrick of Stilwell, both Republicans, issued statements saying the court had overstepped its bounds and asserting that only the Legislature has constitutional authority to determine budgets.

But legal scholars say that under the Kansas Constitution, the separation of powers is not that clear, especially when it comes to school finance.

“It is true that only the Legislature has authority to appropriate money,” said Richard E. Levy, Kansas University law professor. “But Montoy held that Article 6 created a judicially enforceable duty to do so. The big question is, what happens if the court decides that the Legislature has failed to meet its duty?”

Article 6, Sect. 6, of the state constitution requires the Legislature “to make suitable provision for finance of the educational interests of the state.” That language was adopted as part of an amendment Kansas voters approved in 1966 that completely rewrote the section dealing with education.

Previous ruling

In the Montoy case, the Kansas Supreme Court ruled that “suitable” financing means at least the amount needed to cover the actual cost of providing all the educational services required by law.

Plaintiffs in both lawsuits have argued that the Legislature has imposed requirements on schools that carry with them certain costs. Those include compulsory attendance laws, high school graduation requirements, qualified admissions standards for attendance at state universities, and the entire system of accrediting public schools, including requirements that students meet certain academic achievement benchmarks.

In the Montoy case, the Court ordered the Legislature to increase funding to levels recommended by a cost study that the Legislature itself had commissioned. The decision resulted in a special session in 2005 and a standoff between the Legislature and the court as Republican leaders protested the court’s interference in what they saw as a legislative prerogative. Eventually, though, lawmakers relented and approved a multiyear funding plan that was supposed to have raised base state aid per pupil to $4,492 for the 2009-10 school year and beyond.

But in the fall of 2008, state revenue plummeted following the national collapse of the housing and financial industries, leading to a prolonged economic recession. Then-Gov. Mark Parkinson, a Democrat, ordered immediate cuts in state spending, including cuts to public schools. Brownback, his successor, followed up with further cuts in 2011, and the Legislature made further cuts that year, lowering the base state aid formula to $3,780 for the 2011-12 school year, the lowest funding level since the late 1990s.

The statute calling for base funding of $4,492 per-pupil still stands on the books, but the Kansas Legislature has not funded that amount in its annual budgets since 2009. Instead, lawmakers have approved smaller funding levels, resulting in funds being distributed to local districts on a pro-rated basis. School districts have had to cut employees and programs to make up the difference.

Legislative rebuff

The reduced funding is the action that the three-judge panel ruled unconstitutional. The court’s order prohibits the Legislature from doing that in the future, or taking any other action that would result in schools receiving less than they would under a $4,492-per-student base aid formula.

Attorney General Derek Schmidt, also a Republican, has said he will appeal the panel’s ruling to the Kansas Supreme Court, and it is widely assumed that the district court’s order will be stayed pending that appeal.

“I’d be surprised if they didn’t (grant a stay),” said Bill Rich, a constitutional law professor at Washburn University in Topeka. “Actually, I think it’s even possible the district court would stay its own opinion pending the Supreme Court appeal.”

Rich said a stay would effectively give the Legislature one session to address the issue.

On Monday, incoming Senate President Susan Wagle, R-Wichita, said Republican leaders may try to push through a constitutional amendment in time to be placed on the April 2 election ballot. Options that have been debated in the past include changing or eliminating the “suitable” funding requirement, or clarifying that it’s the Legislature’s job to define what is suitable.

“That’s certainly possible,” Rich said. “As a general rule, the courts at whatever level are going to be responsible for applying the law at whatever time the courts rule. It is possible for the Legislature to change the underlying law while a lawsuit is pending. Where the underlying law has changed, that in turn can make a particular lawsuit basically a moot point.”


elliottaw 5 years, 4 months ago

This state's government is a joke, the people would be better off filing a large lawsuit against this administration. Public education must be funded, it is not right now, and the fact that they are getting away with this is amazing.

Mike1949 5 years, 4 months ago

Like I have said since Brownback scammed his way into office, this state being run by the corrupt republicans, we were ripe for a total dictatorial state government. I know one thing, by the time the republican are done destroying Kansas, they will move on to other states until they destroy this country totally.

We are already being considered a third world country by the rest of the world, and the republicans are bring that fact to the front faster than most people figured.

JayhawkFan1985 5 years, 4 months ago

The courts can invalidate any statute like the one passed last year cutting income taxes which is more like a shot to the head than a shot of adrenaline t the heart. If the courts invalidate that statute more revenue will come in and the state can fully fund schools and maybe even give state employees their first raise in 8 years...

Peter Hancock 5 years, 4 months ago

The courts can only invalidate a law if it violates the constitution, and then only if a case is brought before it challenging the constitutionality of that law. The school finance lawsuit does not challenge the tax cuts. The plaintiffs (and the court) only cited them as evidence to refute the state's argument that it had no choice but to cut school funding.

JayhawkFan1985 5 years, 4 months ago

You need a Garmin to help you connect the dots. The state does not have the means to adequately fund a suitable education precisely because taxes have repeatedly been slashed by the GOP since bill graves was governor and most specifically due to the slashing of the income tax last year. Had the taxes not been cut last year by legislative action, there would be enough revenue to adequately fund education. Since they made a statute and that statute resulted in a violation of the state constitution the courts most certainly can invalidate it or at a minimum order the old tax code ie the income tax continue to be collected until the legislature comes up with an alternative. Remember there is another constitutional requirement that the state balance its books.

JayhawkFan1985 5 years, 4 months ago

Brownback announced tonight his plans to eliminate the state income tax entirely which will turn our beautiful state into a third world state. No schools. No highways. No prisons. No quality of life. Unbelievable. At least the Koch brothers will fare well even if the rest of us will be squeezed.

JayhawkFan1985 5 years, 4 months ago

The last thing we need is for this legislature or this governor to be able to define what is the suitable level of government spending. They want it to be ZERO which isn't possible in a modern western economy like ours. It just ain't.

Evan Ridenour 5 years, 4 months ago

The irony here is that the large majority of the conservative republican voting base are voters from poor western counties that bear a disproportionate share of the brunt of a lack of adequate school funding.

Whose interests exactly are these state legislators really representing? Because it sure doesn't appear to be the voters from their respective districts.

In_God_we_trust 5 years, 4 months ago

The structure of the Constitution is to limit Governmental power and set up the structure of Government. It is against the way and the method that the Constitution was written and (common sense), to make a blind unchangeable mandate that forces Government to fund something at a certain level, like public schools. It's a poor way to amend the Constitution. It clearly should be left up to the legislature, so people can let their Representatives know what their wishes are.

mdfraz 5 years, 4 months ago

What?? By telling the legislature to obey the Constitution, and in using a study THEY commissioned to determine the appropriate amount of school funding the Court is making a "blind unchangeable mandate" and amending the Constitution? They are forcing the legislature to FOLLOW the Constitution.

How is this hard to understand?

KSManimal 5 years, 4 months ago

mdfraz, just look at the username.....That should tell you all you need to know about how hard it is for (that guy) to understand


voevoda 5 years, 4 months ago

"The big question is, what happens if the court decides that the Legislature has failed to meet its duty?”

I guess that all the members of the Legislature get impeached.

In_God_we_trust 5 years, 4 months ago

"The big question is, what happens if the court decides that the Legislature has failed to meet its duty?”

The only thing they can do is strike down the law temporarily and give it back to the legislature to correct the law or meet the obligation.

KSManimal 5 years, 4 months ago

You really don't understand, do you?

The ruling did not indicate a problem with the current law (which sets BSAPP at $4,492). The problem is that the legislature has refused to appropriate the money to fund their own law.

Shelley Bock 5 years, 4 months ago

Yea....why don't we have Brownback's real birth certificate? What's he trying to hide?

( don't really care about this. Just thought I'd see how the racist types feel like when they attack the President. Such stupidity doesn't feel good.)

Centerville 5 years, 4 months ago

Why doesn't the legislature just tell the court to collect the money? It would come to $140 per Kansan. Everyone just send a check to Nuss and he could send the $80 million legal fee to his law firm and then send the rest to the KNEA.

just_another_bozo_on_this_bus 5 years, 4 months ago

Because that's not the job of the court. Their job is to rule on the cases brought before them, based on the law and the constitution. The constitution clearly states that the legislature HAS to adequately fund the public school system. The courts are merely pointing out what this legislature and this governor seem either too stupid or too arrogant to understand.

Centerville 5 years, 4 months ago

Well, then the legislature could tell everyone in Kansas to send his or her check for $140 to the Supreme Court. Then Nuss could cut the $80 million to his law firm and the rest to the KNEA. No reason to burden anyone else with the Court's work.

just_another_bozo_on_this_bus 5 years, 4 months ago

I suppose the legislature could do that. Wouldn't make much sense, but they could do it.

Centerville 5 years, 4 months ago

Rather than spend a lot of legislature time trying to invent a new tax structure, this way each and every person in Kansas would come face-to-face with what the court hath wrought.

just_another_bozo_on_this_bus 5 years, 4 months ago

It isn't the court's math-- it's the math as determined thru studies commissioned by legislature itself.

bad_dog 5 years, 4 months ago

With the deficits in reading comprehension, logical analysis and basic spelling/grammer skills made apparent every time I visit this website, it's obvious many Kansans can ill afford further dumbing down.

Centerville 5 years, 4 months ago

That's why every Kansan should be glad to write a check for $140.

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