Topeka ? Democratic legislative leaders on Friday said they would file a motion to participate in mediation of the school finance lawsuit.

“We’re filing this motion because we need to ensure that any mediation results in a solution that is truly realistic and that will benefit Kansas children,” said Senate Democratic Leader Anthony Hensley, of Topeka.

A three-judge panel ruled in January that the Legislature had failed its constitutional duty to adequately fund schools and ordered a $440 million funding increase.

Last week, the Kansas Supreme Court granted a motion by the state and ordered mediation in the case.

House Democratic Leader Paul Davis, of Lawrence, said that the Democrats’ motion will suggest that members of the State Finance Council, which is chaired by Gov. Sam Brownback and includes legislative leaders from both parties, be included in mediation discussions.

Davis said that because the Legislature would have to appropriate any funds as part of a mediated agreement it stands to reason that Democrats would be part of the discussion.

But Davis said he wasn’t confident that an agreement can be reached. He noted that Brownback continues to propose deeper income tax cuts even though the cuts he signed into law last year have produced significant funding problems.