Posted on 06/16/2005 11:04:20 AM PDT by NormsRevenge
TOPEKA, Kan. (AP) - Still smarting from a fight over evolution, Kansas schools now face an almost unthinkable possibility: They might not reopen in the fall because of a political and legal battle over education funding.
The Kansas Supreme Court has ordered legislators to provide millions more in aid to schools by July 1. Gov. Kathleen Sebelius has called a special legislative session for June 22 to act on the order.
Some Republicans who control the Legislature want to defy the court, arguing it cannot tell them exactly what to spend on anything. Their tough talk has educators and others worried the court will order schools to remain closed until legislators comply.
Such orders have been issued or threatened in other states, and a Kansas judge even told the state last year that it could not spend a penny on its schools until legislators fixed the funding system, a decision that would have kept classrooms closed - and 445,000 students at home - had the Supreme Court not put it on hold.
"It truly does seem to me to be the natural consequence," said Dan Biles, an attorney for the State Board of Education.
Such a development would represent another embarrassment for the Kansas school system, which was ridiculed around the country in 1999 when the state school board deleted most references to evolution. The school system later reversed course. But now it is likely to adopt new science standards that are critical of evolution.
Michele Henry, a Topeka mother of two daughters, ages 7 and 9, said legislators need to provide enough money for schools.
"Other people are not allowed not to do their jobs," said Henry, who is the president of the parent-teacher organization at her daughters' school. "Their job is to fund education programs for our children."
The Supreme Court's directive June 3 came in a six-year-old lawsuit from Dodge City and Salina, where parents and administrators claimed Kansas spends too little money on education and distributes its aid unfairly, shortchanging poor children, minorities and struggling students.
In January, the Supreme Court said legislators had failed to do their duty under the Kansas Constitution to provide a suitable education for all children. But the justices were not specific about a fix.
GOP leaders pushed through a plan to increase state school aid by $142 million, or about 5 percent, while avoiding the tax increases that Sebelius and other Democrats saw as necessary.
The high court said that the plan was inadequate and that the increase for the next school year must be $285 million, or 10 percent. The court also said it could order much larger spending increases in the future.
Kansas' Republican legislators, particularly conservatives, were furious.
"I think it's high time we confronted the court," said Rep. Frank Miller. "One thing we could do is just refuse to obey."
Such rhetoric has some educators worried about the next school term.
"Families organize their lives around the school system," said Andrea Ewert, a counselor at Hutchinson High School. "When school is in session, children don't only have breakfast here but lunch here, and in many elementary schools, there are after-school programs to keep them in a safe environment."
In a similar dispute in New York state, a master appointed by the state's highest court recently said New York City's schools need an additional $5.6 billion over the next four years. In New Jersey in 1976, the state's highest court ordered schools to remain closed, successfully forcing legislators to improve funding. Threats from high courts in Arizona and Texas compelled legislators in those states to do the same.
"That is a remedy that clearly is within the court's power," said Michael Rebell, executive director of the Campaign for Fiscal Equity, which sued over New York City's education funding. "The threat is usually very effective."
The Kansas court has not said what it would do if lawmakers defied the order.
"I would just as soon not learn the answer to that question," said Senate Majority Leader Derek Schmidt, a Republican.
"Other people are not allowed not to do their jobs," said Henry, who is the president of the parent-teacher organization at her daughters' school. "Their job is to fund education programs for our children."
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who needs state legislatures when you have courts that are more than happy to run things.
One solution would be to have the judge incarcerated and ransomed for the required funds.
Okay, so that means the legislature needs to bill each judge $40,715,000. If they want it spent, they can pay for it.
Having the court decide matters of taxation, funding and amounts, specially in such vague terms as "adequately", is unacceptable .
I'm sure Henry would be happy to double her tax payments to pay for this. Teachers should be able to make $150,000 a year if they can get away with it. /sarcasm
Seriously, I hope the legislature stands up to the nitwit judge.
Hang on to your seats. Now we know what were gonna hear about on C-SPAM for the rest of the year.
They won't defy the order. While this is a Republican state, only a little more than half the elected Republicans have any backbone. The other half are either Democrats with R's by their name or they live in fear of the state liberal media. The media says "jump," they say "how high." What they get in return is an endorsement in their primary races. Why that's enough for them I do not know.
That would garner widespread support of impeachment in a heartbeat.
"They might not reopen in the fall because of a political and legal battle over education funding. "
The best thing that could happen for kids in Kansas. refund property taxes and other funds to parents and let them send their kids to private schools.
If not enough is being spent on schools, the VOTERS need to say so and demand a change in leadership (i.e. throw the bums out). Obviously it is not pressing enough for voters to lead a full revolt. A COURT should not be imposing a certain level of spending, let the voters decide what is best.
If the Kansas public schools shut down, the real winners will be the kids and the taxpayers.
Isn't there a legislature for such considerations?
Beam me up
Cav,
Light up your local rep and senator! Otherwise it's BOHICA for Kansans.
You'd also better pray that they don't look to Texas for a model of education funding.
Semper Fi
Way too late, The court taxed the state a long time ago, to fund the schools in Kansas City, the legislature just rolled over and paid it.
I refuse to be optimistic about any legislature, State or Federal, ever standing up to the courts, mainly because I think they agree with what the courts are doing, there is no other explanation that makes any sense.
How do you fire a taxpayer?
Can I volunteer?
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