School Funding Suit Filed

A coalition of Kansas school districts filed suit in a Topeka district court last week seeking to overturn portions of the state’s funding formula for public education.

The suit will be automatically referred to the Kansas Court of Appeals.

Attorneys for Schools for Fair Funding said the group is not seeking to eliminate the funding formula developed by the Legislature. Instead, they said, the current formula needs to be revised and then adequately funded by lawmakers.

 “The current formula simply needs to be funded,” said John Robb, general counsel for the coalition. “No formula will work if it is not adequately funded.”

Schools for Fair Funding, which represents 63 Kansas school districts, prevailed in an earlier lawsuit challenging state support of public education as constitutionally inadequate.

As a result of the suit, the 2006 Legislature adopted a three-year, $755 million school funding plan.

The base state aid per pupil climbed from $4,257 in 2006 to $4,316 in 2007, $4,374 in 2008, and $4,400 in 2009.

Alan Rupe, an attorney for the plaintiffs, said the 2009 Legislature reduced per-pupil state aid for the current school year to pre-2006 levels because of declining state revenues.

“The current case was caused when the Legislature failed to follow through with sufficient appropriations to complete the plan,” Rupe said. “While the court-approved plan called for $755 million in new funding, the Legislature and governor have thus far cut over $303 million from the schools.”

The Kansas Constitution requires the state provide a “suitable” education.

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