Kansas A.G. Advises Supreme Court to Reject Schools’ Request

January 25, 2010

Kansas Attorney General Steve Six submitted a 14-page document Thursday asking the Supreme Court to reject a request by Schools for Fair Funding to re-open earlier litigation over school funding. Schools for Fair Funding, a group representing 74 Kansas school districts, recently asked the state Supreme Court to re-open the case it had ruled on in 2006.

     School districts made the request based on their claim that the state is not complying with the 2006 court ruling, which had shown schools under-funded by about $1 billion. Currently, state funding of public schools has been cut back to 2006 levels. In addition, even when the economy was healthier, the legislature failed to provide revenue to back promises made regarding public school finance.

     Six based his advice on a 2005 law that requires 120 days notice before plaintiffs can file suit over school funding. Schools for Fair Funding attorney John Robb argues that this is not filing suit, but asking for a prior case to be re-examined in light of recent budget cuts – cuts school districts claim violate earlier court orders as well as the Kansas Constitution.

     Kansas’ Constitution requires suitable finance of public education. There is no constitutional provision to nullify that requirement in a recession. School districts have stated that, should their request be denied, they will file a new lawsuit.