The state of Kansas has faced a series of lawsuits over school funding since the 1970s. The state Supreme Court has threatened to not allow money to be raised, distributed or spent under an inequitable school funding system multiple times.
This year, however, educators and parents are more concerned schools could shut down.
"Under the Montoy lawsuit, the legislature was frustrated and expressed their frustration but ultimately stepped up. What's unusual now is that the legislature or a majority of legislatures seem to be saying, 'We don't care what the courts do,'" said Mark Desetti, director of Legislative Advocacy for the KNEA.
A history of school funding litigation:
Caldwell v. State
The first major lawsuit to challenge the constitutionality of school funding was filed in Johnson County District Court in 1972. Caldwell v. the State of Kansas argued districts with less local tax resources needed more state aid.
The court agreed with Caldwell and gave lawmakers a deadline to address the disparity. In 1973, lawmakers passed the School District Equalization Act to end the case.
Mock v. State
The second major lawsuit was filed in Shawnee County District Court in 1990. Mock v. the State of Kansas argued the School District Equalization Act did not it's job.
In 1992, lawmakers passed the School District Finance and Quality Performance Act to establish a per-pupil-based state aid. The new formula made state aid the main source of funding for school budgets.
Montoy v. State
Montoy v. the State of Kansas was first filed in 1999 in Shawnee District Court and lasted until 2005 when the Supreme Court issued its decision and a warning.
In 2003, a judge found parts of the state's school funding system unconstitutional and issued an injunction to close schools unless lawmakers passed a fix. The state appealed to the state Supreme Court, which agreed in 2005 that schools were underfunded. The court set a spring deadline to fix the funding system.
That summer, the governor called a special session and lawmakers pumped $147 million additional dollars into K-12 education.
Gannon v. State
The latest lawsuit argues the state is underfunding schools yet again. In January 2010, a three-judge panel at the Shawnee County District Court agreed with Gannon. The state appealed the decision to the state Supreme Court.
In February, the justices first ruled against the state and warned schools would shut down June 30 if a fix was not made. In April, lawmakers passed a bill intending to fix the funding formula but the court later rejected it once again.
Lawmakers ended the regular 2016 session without addressing school funding. Gov. Sam Brownback has yet to announce if he will call a special session.
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Ariel Rothfield can be reached at Ariel.Rothfield@KSHB.com.
