The 2016 Kansas legislative session is officially over, but school funding continues to loom.
On Wednesday, state lawmakers returned to Topeka for the last day of the session. While many lawmakers criticized the state Supreme Court, the Kansas House and Senate adjourned for the session without addressing the court’s order to equalize funding among school districts.
The Senate, however, passed a resolution 30-8 condemning the Obama administration’s federal guidance, requiring schools to allow transgender students to use bathrooms they identify with.
During discussion, Senate President Susan Wagle (R-Wichita) said the body was not ignoring the court’s school funding ruling but choosing not to act at this time.
Several Democrats called this an extremely destructive decision. Rep. Jim Ward, a Democrat from Wichita, called the legislature’s inaction a “political malpractice.”
Why abandon school funding when the clock is ticking?
At both the Senate GOP caucus meeting and House GOP caucus meeting Wednesday, lawmakers blasted the court’s decision but could not come to an agreement on how to respond.
Some lawmakers called for the Legislature to defy the court ruling. Others said it was time to "bite the bullet" and allocate $40 million more in education to address the ruling and keep schools open.
“At this point, we just need to be straight forward. I think we go ahead and inject the funding to provide for equalization and ensure school districts are held harmlessness - no school district takes a cut as a result of this action,” said Rep. Russ Jennings, a Republican from Lakin.
One proposal included allocating additional funds for only the schools involved in the court case. Another option included giving authority to the Department of Education to determine equity.
What does Gov. Sam Brownback have to say?
Following the end of the 2016 session, the governor released a statement on school funding. He promised to work “aggressively” with the attorney general to respond and did not mention calling for a special session.
“I will work with the Attorney General and Legislative leadership to respond aggressively and appropriately to any action taken by the Kansas Supreme Court to close our schools. Kansas has great schools and they should remain open. The Court should not be playing politics with our children’s education.”
How did we get here? Watch the video below. (Can't see it? Watch it here.)
Facing large budget shortfalls, Brownback cut K-12 funding by 1.5 percent in 2015. The same year, lawmakers changed the way schools received money from a per-pupil distribution to a system of fixed blocked grants - meaning school districts, like KCK, no longer received extra money to educate difficult-to-teach students.
Four school districts, including KCK, sued the state and argued school funding was not equitable.
In February, the state Supreme Court agreed. The justices first ruled that unless poorer districts began receiving more money by June 30, public schools would be shut down.
CONTACT YOUR LEGISLATORS: If you would like to contact your state lawmakers on school funding, you can find them by clicking here.
In April, lawmakers passed a bill intending to fix the education funding formula. Brownback signed the bill but the court ruled on Friday the measure had not solved the problem and reiterated the June 30 deadline.
"It’s almost like they are gangsters and holding kids hostage and saying give us the money or the kids are going to get it,” said Rep. Jerry Lunn, a Republican from Overland Park.
What to know about a possible shutdown
If lawmakers do not fix the school funding scheme by June 30, the court ruled schools could not spend or raise money beginning July 1.
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School districts are not exactly sure what that means - if they might be able to spend money they have saved and what they would be able to spend it on. Many school districts are concerned a shutdown would affect summer meals for underprivileged children and affect teachers’ pay.
“It’s weighing heavy on me. On one hand I want to spend my energy supporting our legislators and trying to help them find the solution to this. But at the same time, we have to be prepared,” Kansas City, Kansas, Public Schools Superintendent Cynthia Lane told 41 Action News on Tuesday night.
RELATED | KCKPS superintendent speaking out about possible school shutdown
Districts like KCK have already started to make plans based on a possible shutdown. Shawnee Mission School District announced it will hold a press conference on concerns Thursday morning.
The Olathe School District released the following statement:
"The Kansas Supreme Court ruled last week that the state Legislature has not met constitutional requirements of equity in funding among school districts in the state. Below is what we know at this point.
- The district is following the issue with the Legislature and Kansas Supreme Court very closely.
- It’s important to note that this court case is not about adequacy of funding, it’s about whether school funding is equitably distributed to districts across the state.
- The Legislature has until June 30 to find a solution to the equity situation.
- Questions about what happens if the Legislature does not find a solution by June 30, whether schools would be shut down, how that might impact salaries and education in the district, can’t be answered until we know what the Legislature will do.
- The district’s first priority is the students and staff.
- At this point, we are planning for an on-time opening of schools.
- We will communicate once we know more."
The Kansas School Superintendents' Association released the following statement on school funding:
"Friday’s ruling from the Kansas Supreme Court was not a surprise for the Kansas School Superintendents Association (KSSA). When the CLASS Act was passed, a little more then 12 months ago KSSA had a number of concerns around the constitutionality of the law, as it failed to address equality and adequacy through Block Grant funding. Superintendents who are members of KSSA stand united for equitable and adequate funding for all students, no matter the zip code.
"KSSA appreciates the Supreme Court Justices adhering to their constitutional duties, and we expect legislators to do the same. A student educated in the smallest community in Kansas must have the same opportunity to achieve success as a student who attends a school in the largest communities within our great state. History has shown Kansans understand the value of working together to create greater opportunities for all Kansas citizens. This is why KSSA will continue to work with our legislature to develop a solution that will pass the equity test for the immediate future and years to come.
"It’s the hope of all Kansas educational leaders that the Governor and Legislators can come together and identify a constitutional solution to address school funding and not challenge the Supreme Court to a game of chance. KSSA and the United School Administrators of Kansas (USA-??Kansas) stand ready to work with legislators during the next session regarding potential changes to the school funding formula. USA-??Kansas has been working with it’s member organizations on a funding mechanism based on student needs, not solely on budget dollars available. As we move our ideas forward we are confident when educational leaders can work with our legislative leaders we can find solutions. The longer we work apart the greater the challenge will become."
More bad news for Kansas?
An hour after the Senate adjourned for the session, the state of Kansas announced it missed the mark again in tax revenue collections for the month of May.
The total tax receipts for May fell $74.5 million below estimates, putting the state at about a $50 million deficit for the fiscal year.
Following the release, Brownback called for a review of how the state determines estimates to figure out why the estimates are not correct.
Mother plans to run for Kansas State Senate over funding issue
The school funding issue is one that has prompted mother of two Dinah Sykes to run for the Kansas Senate against Sen. Greg Smith.
The legislature wrapping without an effort to tackle school funding was disheartening for Sykes, who said, "I was hoping that they would be staying working on figuring out how to fund our schools and get our kids back in the fall."
Like other critics, she blames the 2012 tax code for the problems.
"The Children's Initiative Fund, our schools, police, we're shuffling all of that just so 330,000 business aren't paying taxes," Sykes commented.
Ultimately, the senate candidate wants both sides to start talking and listening to each other to avoid a school shutdown. Sykes said, "They're just sticking their heels in or their heads in the ground and it's my way or the highway. That's not Kansas. That's not the Kansas I love."
Smith sent the following statement on school funding:
"The opinion of the Kansas Supreme Court in the Gannon case violated Kansas Law. House Substitute for Senate Bill 3, which passed in Special Session in 2005, and was signed into law by then Governor Kathleen Sebelius clearly states that the court: 'As a part of a remedy, preliminary decision or final decision in which a statute or legislative enactment of this state has been held unconstitutional as a violation of article 6 of the Kansas constitution, the appellate court or any master or other person or persons appointed by the appellate court to hear or determine a cause or controversy or to make or enforce any order or remedy ordered by a court pursuant to K.S.A. 60-253, and amendments thereto, or any other provision of law, SHALL NOT HAVE THE AUTHORITY TO ORDER A SCHOOL DISTRICT or any attendance center within a school district TO BE CLOSED or ENJOIN the use of all statutes related to the distribution of funds for public education.'
"The court's threat to close schools is unlawful and the instruction or urging of how to use statutes relating to the distribution of school monies is also unlawful. The court is within it's authority under the doctrine of judicial review to opine if the law is unconstitutional but the authority of the court ends there."
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Ariel Rothfield can be reached at Ariel.Rothfield@KSHB.com.
Dia Wall can be reached at dia.wall@kshb.com.
