School finance ruling pushed back 30-45 days

A long-awaited court decision about whether Kansas is adequately funding its public schools has been pushed back until around the first of the year.

Shawnee County District Judge Frank Theis, who presides over the three-judge panel hearing the case, sent an email to attorneys in the case late Friday saying the decision will likely come within the next 30-45 days.

The decision will weigh heavily in the upcoming legislative session, even though the opinion is certain to be appealed, because the latest revenue estimates show the state is already facing a $715 million budget shortfall over the next year and a half.

The trial court first ruled in January 2013 that the state was underfunding schools to the tune of about $450 million a year. It also said the funding system in place was inequitable, and it ordered the state to increase so-called “equalization funding” for less wealthy districts.

In March of this year, the Kansas Supreme Court upheld the panel on the equity issue, but it overturned the verdict on adequacy and remanded that issue back to the three-judge panel with instructions to reconsider that issue using a different standard.

Many court watchers had expected a decision earlier, possibly even this week, after being told the judges had already begun drafting the opinion.

Given that the Supreme Court has already heard the case once, some observers think it may not take as long to consider a second appeal. Depending on when the three-judge panel issues its opinion, some believe it’s conceivable, but by no means certain, that the Supreme Court could take briefs, hear oral arguments and render a final decision before the end of the 2015 legislative session.