Though their districts were not directly involved, local school administrators are expressing displeasure with the Kansas Supreme Court’s decision to deny a petition to reopen a 2006 school finance case.
“My first reaction is disappointment,” said Dale Slagle, Frontenac USD 249 superintendent. “Based on the court’s earlier decision and what has transpired, I think there were grounds to make the request.”
The request to reopen Montoy v. State of Kansas was made by a coalition of 74 Kansas school districts, which argues that the state, through its cuts to education funding, is not complying with an earlier ruling that state aid to schools was unconstitutionally low. The Montoy case, filed in 1999, eventually led the Legislature to approve hundreds of millions of dollars for schools over several years.
Faced with rising deficits, however, the state has made significant cuts in state aid to schools. The Base State Aid Per Pupil, which peaked at $4,433, is down to $4,012, and is projected to dip to $3,726 if the Legislature does not approve any revenue enhancement plans. If BSAPP drops much lower, the state could disqualify itself for federal stimulus dollars, money that school districts are utilizing to avoid staff and program reductions.
In a four-page order signed by Chief Justice Robert Davis, the Supreme Court ruled that reopening the Montoy case was not the best course of action in this situation.
“The power to recall a mandate is an extraordinary power to be used as a last resort,” Davis wrote. “It should only be used to accomplish something that, without it, cannot otherwise be remedied. That is not the situation here. We conclude that the circumstances do not warrant recalling the mandate dismissing this case.”
Davis also wrote that “there is nothing the plaintiffs are seeking that they cannot accomplish by filing a new lawsuit.” And according to the Associated Press, that is exactly what the Schools For Fair Funding coalition plans to do. The AP reported that the lead attorney, John Robb, said a new lawsuit would be filed in the spring.
“Today’s ruling was a procedural one which will just slow us down a bit,” Robb said. “We are disappointed in the ruling by certainly not deterred. The problem still exists. Kids are still being shortchanged.”
Gary Snawder, Girard USD 248 superintendent, said Friday’s result was one he had come to expect.
“I didn’t think they would open it back up,” he said. “I thought this would lead to a new lawsuit.”
Destry Brown, Pittsburg USD 250 superintendent, also said Friday’s ruling was no surprise.
“Things are tough in Topeka right now and I think (reopening the lawsuit) might have caused more divide than there already is,” he said.
According to the Associated Press, while the Montoy case led to large increases in school funding, it was also a case that the Supreme Court dismissed in 2006 without ruling “if the changes to the funding formula or the dollar amounts were in compliance with the state constitution.” Robb argued that because the court never ruled on the case, it should be reopened to determine if the action the Legislature took was constitutional.
Mike Philpot, superintendent of schools at Northeast USD 246, said the court’s refusal to reopen the case still leaves many unanswered questions.
“It doesn’t answer any legal questions one way or another,” he said. “I think they should have followed it to its legal conclusion.”
Robb also argued, according to the AP, that reopening the Montoy case would be less expensive and less time-consuming than opening a brand new lawsuit.
Gov. Mark Parkinson praised the court’s decision, saying in a statement released Friday that the “unprecedented (financial) crisis” should be a time in which Kansans “pull together and not sue each other.”
“From the outset, I have been disappointed that any recipient of public funds would sue the state over budget reductions,” he said.
The governor added, however, that he understands the effect funding cuts are having on schools and hopes the trend will soon be reversed.
“We have a responsibility to fund education at an acceptable level even during a recession,” he said. “We’ve cut education as much as we can. I look forward to working with the Legislature to find the revenue needed to maintain the quality of our schools while we work through the historic budget shortfall.”
While local districts have not joined the SFFF coalition, administrators are not staunchly opposed to lawsuits over school funding.
“The ones that have been brought have been helpful in getting the Legislature to fund education,” Philpot said. “They’ve been helpful. Without them, we wouldn’t have made the gains that schools have made.”
Whether it’s a lawsuit or some other means, Philpot said the state needs to find a solution to its financial problems — and fast.
“There are 294 school districts really paying the price right now,” he said.
TOPEKA —
