Posted on 05/12/2004 3:43:21 PM PDT by aft_lizard
USD 220 Superintendent Jerry Cullen said Tuesday he was upset that lawmakers did not approve a school finance plan for 2004-2005, but he was glad a Shawnee County District Court judge had scolded them for failing to act.
"I'm glad he came down hard on them, because they really disappointed me," Cullen said Tuesday. "I really thought we had enough people in the House and Senate that they would step up to the plate and do the right thing. Unfortunately, I was wrong."
Along with other educators in southwest Kansas, Cullen was studying Shawnee County District Judge Terry Bullock's newest ruling, which directed the state to shut down its public schools in the fall while lawmakers fix problems with the way the state finances education.
Bullock's order came just a few days after the Legislature finished its work for the year without making any changes to the school funding formula.
USD 443 President Beth Love said she hoped the order would prompt the Legislature to take a serious look at the formula.
"I'm happy but hopeful that the judge will force the legislators to address the areas of constitutionality for all our children," she said.
Setting the stage
Bullock's order sets the stage for a new battle in the ongoing fight over the way the state funds K-12 education.
In December, the judge issued a preliminary order directing lawmakers and Gov. Kathleen Sebelius to correct problems with the school funding formula by July 1. His order was a response to a 1999 lawsuit in which the Dodge City and Salina school districts challenged the formula as unconstitutional.
The Legislature responded to Bullock's December order by approving a bill allowing the state to file an immediate appeal of the order with the Kansas Supreme Court. The court is expected to hear arguments in the appeal sometime this fall.
Although lawmakers debated several education finance proposals for 2004-2005 throughout the session, they neither approved a plan nor made any changes to the current formula.
Bullock's newest order criticized the Legislature for failing to address his concerns.
"To paraphrase Aesop: The mountain labored and brought forth nothing at all," he said.
His proposed remedy: Close down Kansas' public schools for the fall unless the constitutional problems with the formula are fixed.
The judge will issue a restraining order preventing any state or local spending on schools after June 30 as soon as the plaintiffs formally request it, so the current academic year will not be affected.
Sebelius said in a statement the Legislature had failed to meet its constitutional responsibility for funding education, and Kansas schoolchildren, parents and teachers would reap the consequences.
"This situation could have been avoided had the Legislature done its job during the session," she said. "I intend to quickly review the judge's ruling and decide on a responsible course of action."
Meanwhile, Attorney General Phill Kline announced he would appeal Bullock's ruling to the state Supreme Court and ask the court to grant a stay, which would prevent the order from taking immediate effect.
Cheers and boos
Bullock's order drew praise and criticism from local lawmakers and educators.
Sen. Tim Huelskamp, R-Fowler, said he was shocked that the judge had directed the state to close schools unless the school finance formula is fixed.
"For him to issue this kind of judgment -- shut down all the schools in Kansas by virtue of the opinion of one district court judge -- is, I think, fairly ridiculous," he said. "The quicker we can have an appeal to the court of remedy, the Supreme Court, the sooner we can move toward a solution."
But Rep. Jan Scoggins-Waite, D-Dodge City, said she applauded Bullock's ruling.
"I'm pleased that he is saying, 'Do something,' which was the stance that I have taken all along," she said.
USD 443 Superintendent Gloria Davis said she thought Bullock was serious about his order and would close the schools after June 30 if problems with the formula are not corrected.
"It's just a horrible thing to even think about, and you have to ask yourself, 'Why?'" she said. "Because somehow, some way, we cannot get our legislators to do what they need to do. I just don't understand how we can continue to go along and do nothing."
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