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Wednesday, July 19, 2017
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Nature of the Case

This case focused on whether school funding by the State of Kansas was equitable and adequate, as required under the relevant state constitutional provisions regulating the provision of education. Upon finding violations in connection with the equitable distribution of funds and the adequacy of such funds to ensure constitutionally required education, the State of Kansas was required to review and adjust its education funding. This required implementing action by the state legislature, with a continued supervisory role for the state Supreme Court.

Enforcement of the Decision and Outcomes

Enforcement of the various decisions took a number of years. For example, in relation to the equity component of the case, in April 2016, the Governor signed into law Senate Substitute for HB 2655 and gave notice of legislative cure. Among other things, HB 2655 changed the formulas for certain types of aid, provided for equalization aid, and allowed SB 7 and other previous school funding legislation to be severed. After further review by the Court, the measures were again ruled unconstitutional in May 2016 and the June 30, 2016 deadline was affirmed. A special session of the legislature addressed the equity issue in June 2016, restoring the equalization formula to its pre-block grant calculation and providing full funding, and equity compliance was achieved. This was approved by the Supreme Court on June 28, 2016. In relation to the adequacy component, ‘further updates will be added to this summary in due course’.

Significance of the Case

This case is one in a line of cases where the Kansas Supreme Court has reviewed the legislature’s school funding formula, found it unconstitutional, and ordered the legislature to cure deficiencies. This decision was particularly significant because it meant that if the legislature was unable to enact an equitable funding formula by the end of June 2016, Kansas public schools would not have opened in August for the 2016-2017 term. Further, while separation of powers issues have been raised (on the argument that the issues are ones for the legislature rather than the judiciary to decide, with a related threat from the State Governor to reduce the judiciary budget and make other changes that would negatively impact judges), this case confirms that courts are able to review state decisions regarding school funding and make determinations as to the legality of any state measures to correct funding inequities and inadequacies. As in any education case, it is important to consider the impact on the children and young people affected, given the fact they are unable to put their education on hold during long-term litigation.

Groups Involved in the Case

Schools for Fair Funding