In recent news, Kansas Attorney General Kris Kobach has made a request to the Kansas Supreme Court to bring an end to the oversight of the Gannon school finance case. This request was made as a result of the Legislature’s consistent compliance with court orders to adequately finance K-12 public schools since 2019. However, Governor Laura Kelly has expressed her objections to Kobach’s request, fearing that it could potentially prompt the Republican-led Legislature to reduce state aid to schools. This situation is certainly one to keep an eye on.
The attorney general’s request to terminate the Kansas Supreme Court’s oversight of the case that prompted orders mandating the Legislature to address constitutional violations in K-12 public school financing has stirred up a heated debate between both Republicans and Democrats.
In 2019, the Supreme Court made a move to maintain jurisdiction over the Gannon v. Kansas education funding case after years of legal disputes. This measure was put in place to speed up the court’s response in case the Legislature refused to implement a remediation plan that included yearly funding increments until 2023.
After the Supreme Court’s interpretation of Article 6, the Legislature has taken necessary actions in accordance with it. Recently, a series of bills were approved and signed by Gov. Laura Kelly, ensuring compliance with the Supreme Court’s ruling.
Last week, Attorney General Kris Kobach, who is a Republican, requested that the Supreme Court end its control over the case. His argument was that the state had fulfilled the constitutional expectations for both equitable and adequate funding, which were previously outlined in two separate opinions by the justices in 2018 and 2019 respectively. Therefore, he believes that the Gannon case should be closed out by the Supreme Court.
According to Kobach’s motion, since the 2022-2023 school year concluded on June 30, 2023, and all intended funding was successfully implemented, it is now appropriate for the court to issue its mandate and release jurisdiction of this appeal.
According to Brianna Johnson, who is the spokesperson for the governor, Kelly is against the attorney general’s proposal to give the Legislature the power to cut funding for public schools.
According to Johnson, it would be illogical to reverse the positive trend in Kansas student test scores. He emphasized the importance of Governor Kelly’s efforts in fully funding schools for five consecutive years, which has enabled students throughout the state to access high-quality education.
According to Rep. John Carmichael, a retired attorney and Democratic representative of Wichita, the Supreme Court releasing its hold on Gannon poses a significant risk. He believes that the Legislature has a history of neglecting constitutional provisions regarding K-12 school funding, and this could lead to further erosion of compliance if the Court were to let go of the case.
Carmichael pointed out that the Kansas Supreme Court is no stranger to the Legislature’s tendency to follow its orders only for the bare minimum amount of time. He noted that this was precisely why the Gannon case was initially filed. According to him, as soon as the Legislature was no longer under the court’s supervision, they instantly decreased school funding.
According to Carmichael’s theory, Kobach’s intention was to pave the way for the Republican-led Legislature to significantly reduce funding for public schools in the future.
According to him, if the Supreme Court decides to close the case, it could potentially pave the way for the House and Senate to redirect state aid from public schools toward home and private schools through the use of vouchers.
According to Sen. Kellie Warren, who is the Leawood Republican and also the chair of the Senate Judiciary Committee, she needs to thoroughly examine the specifics of what it would entail for the state’s supreme court to formally retreat from Gannon. She emphasized that one point that should be taken into account is the Legislature’s unwavering dedication to providing full funding for K-12 public education in a way that acknowledges the opinions of the Supreme Court.
In the opinion of the speaker, the matter seems to have been resolved as per the Supreme Court’s confirmation of full funding.
According to Warren, an additional aspect of this complex issue is the need for separation of powers between the different branches of state government. She emphasized that the responsibility of allocating funds to public schools should rest with the Legislature.
According to Warren, who is not only an attorney but also a 2020 candidate for state attorney general, it is imperative that we fulfill our duty under the constitution and ensure that it remains that way.
The legal battle over school funding in Kansas centered around a crucial 1966 amendment to the state’s constitution. This amendment mandated that the Legislature must ensure “intellectual, educational, vocational and scientific improvement” by creating and sustaining public schools, educational institutions, and related programs.
According to the Constitution’s Section 6 of Article 6, it is the responsibility of the Legislature to provide adequate funding for all students attending public schools in Kansas.
Back in 1999, a legal challenge was made against the constitutionality of the school finance system in Kansas. The case was filed in the Shawnee County District Court, but unfortunately, the court did not find any constitutional violations in the Montoy v. State case and dismissed it. However, an appeal was made to the Supreme Court, and in 2003, the court ruled that the case should not have been summarily dismissed because the suitability of school finance is an issue that isn’t fixed and must be monitored.
After examining the situation, the district court concluded that the Legislature had failed to address the educational needs of students. In order to rectify the constitutional deficiencies in state funding, the legislative and executive branches were given a chance to take corrective action. However, the district court believed that the lawmakers’ efforts fell short.
Back in 2005, Montoy’s Supreme Court ruling pointed out the inadequacy of the school finance formula in providing sufficient aid to minority, at-risk, and special education students. Even though the Legislature implemented a series of funding reforms, the next opinion by Montoy’s Supreme Court deemed those increases insufficient. As a result, a special session of the Legislature was called, which doubled the budget increase to K-12 education. While the Supreme Court accepted the Legislature’s revision, it decided to keep an eye on the case.
In 2006, the school finance formula of the state underwent significant changes as mandated by the Legislature. Despite this, the Supreme Court found that the Legislature was still adhering to its prior K-12 funding orders, leading to the dismissal of Montoy.
The coalition of school districts filed the Gannon lawsuit in 2010 following cuts in state aid to schools during the national recession.
During the trial of 2012, the plaintiffs in the Gannon case claimed that the state had failed to provide adequate funding to public education in a fair manner. The three-judge trial court sided with the plaintiffs, but the Supreme Court ruled on appeal that the funding mechanism met the equity requirements of the constitution. However, the lower court was found to have used an incorrect standard when considering the issue of adequacy.
After careful consideration, the district court panel reached the same conclusion that the state’s funding approach failed to meet the constitutional standards for adequacy. This decision was later affirmed by the Supreme Court after the Gannon case went through various rounds of trial and appellate court. Despite this, in 2019, the Legislature’s multi-year financing plan was found to be in compliance with the constitution. It’s worth noting, however, that the justices retained jurisdiction over the Gannon case.
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