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  July 8, 2016
 
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LEGISLATURE MEETS SUPREME COURT DEADLINE AND EQUITABLE FUNDING DUTY IN KANSAS

ALLOWS SCHOOLS TO OPEN IN THE FALL

On June 27, 2016, four days prior to the Kansas Supreme Court's July 1 deadline, the parties in the Gannon educational opportunity lawsuit filed a stipulated agreement with the Court. They documented the Legislature's commitment to distribute funding to low-wealth school districts so as to comply with the state constitution. 

The Kansas Supreme Court issued an order the next day indicating that the State -- in adopting Substitute for House Bill 2001 -- had complied with the Court's most recent order and could use the revised system to fund the public schools.

"Plaintiffs are extremely pleased that schools will be opening in the fall," said Alan Rupe, co-counsel for plaintiffs, "and that funding will be distributed in a manner that comports with the Kansas Constitution's equity requirement." 

The Legislature's failure to maintain a fair and adequate state school funding system almost led to a constitutional crisis. But in a special session called to address the fair distribution issue, the Legislature found a way to add $38 million to the state aid total and allocate it to the underfunded districts.

Nonetheless, the Gannon case is not resolved because the Kansas Constitution also requires adequate school funding. The three-judge Gannon Trial Court Panel heard the evidence on adequacy and ruled that the State is underfunding its schools. The State appealed to the Kansas Supreme Court, which recently scheduled oral argument on this question for September 21.

Each side will have 60 minutes to present argument to the Court on two issues: (1) whether the Legislature has met its duty under Article 6 of the Kansas Constitution regarding adequacy; and (2) what remedy would be appropriate if the Court affirms the Panel's previous holding that the current funding levels are inadequate. 

Related Stories:

Education Law Center Press Contact:

Molly A. Hunter

Education Justice, Director

mhunter@edlawcenter.org

973-624-1815, x 19

 
     
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