KSHB 41 reporter Olivia Acree covers portions of Johnson County, Kansas, including Olathe and Lenexa. Share your story idea with Olivia.
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A lawsuit may be coming before a solution for Kansas school funding. Several Johnson County school districts have announced plans to pursue litigation against the state, arguing special education has been underfunded for years.
At the heart of the debate are students, and a statute that says Kansas should cover 92% of excess special education costs. Some lawmakers and school districts say the Kansas Legislature has fallen short of that target for 15 years.
"There is a clause in the special education funding that says subject to appropriations, so it is beholden on the legislators to appropriate that money according to statute," Poskin said.
Democratic Rep. Mari-Lynn Poskin of Johnson County said lawmakers serve as appropriators, meaning they are responsible for deciding how state dollars are distributed — and that responsibility comes with an obligation to fully fund schools.
"It is absolutely beholden on us, the appropriators, to fully fund our schools," Poskin said.
She said the state was about $233 million short of its special education funding target last year alone.
"The districts have to make that up somewhere else, so they pull from the state base aid that then affects every student," Poskin said.
Republican Rep. Megan Steele of Pottawatomie County, who serves on the Education Funding Task Force, argues the common interpretation of 92% doesn't match the actual meaning.
"That 92% isn't supposed to be applied to every single school district. It's applied to the state excess cost," Steele said.
When asked how the legislature in the past decided upon the amounts given to cover that excess cost, Steele said the calculations are complex.
"It really just varies on student, it varies on population, it varies on all kinds of different, really weird and confusing calculations," Steele said.
In an explanation of state special education funding, the Kansas State Department of Education website says, “the Kansas Legislature has not provided sufficient funding to meet this requirement.”
The current finance formula sunsets next year — one of the topics the task force is examining. But after more than a year of meetings, the committee still hasn't made a recommendation.
"All 125 members are up for re-election. So, why don't we have a clue about what it is that they want to do?" Poskin said.
Poskin said implementing a brand-new formula by July 2027 would be unrealistic and would place enormous pressure on school districts.
"We're talking about a complete upheaval of the finance system and asking our school districts to be ready to implement it July 1," Poskin said.
Steele agreed.
"If there were any changes to the funding formula, I don't foresee that being in effect for the 27-28 school year," Steele said.
Steele said she is disappointed Johnson County districts are considering legal action before a new formula is finalized.
"I just find it a little irresponsible of taxpayer dollars at this point in time," Steele said.
But Poskin said a lawsuit is long overdue.
"15 years of underfunding is not premature, it is, if anything, a few years too late," Poskin said.
As campaigns begin for a new House and governor, both lawmakers weighed in on what voters should pay attention to.
"Accountability. And that can be with education, and that can be with property taxes, that can be with agency things, that can be with anything," Steele said.
"When we talk about adequate, is that what we want for our kids, an adequate education, or do we want an outstanding education?" Poskin said.
Former special education teacher Laura Berthoff, who wants adequate funding alongside the districts, said students with disabilities deserve better.
“I hope that it'll open their eyes up, you know, the state, and say, okay, we're not doing right by these children that have disabilities," Berthoff said.
The Education Funding Task Force last met in May, then requested 14 more days to meet before the next session. The Legislative Coordinating Council granted them two.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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