A much-anticipated court ruling that could profoundly change how much Kansas spends on public schools was announced Tuesday afternoon – and it's bad news for state lawmakers.
A three-judge panel from Shawnee County ruled that while the formula for funding K-12 education is fine, lawmakers have failed to properly fund it.
The panel says per pupil base aid might need to go as high as $4,980. Current base aid per pupil is $3,833. That means the Legislature might have to come up with at least another $522 million to satisfy the court.
“The message from the trial court is the formula is good, the Legislature just needs to fund it,” says Alan Rupe, the lead lawyer for five Kansas school districts who sued the state.
This is not the final word for the school districts or the Legislature.
"We expect that this case will be appealed to the Kansas Supreme Court," Kansas City, Kan., Superintendent Cynthia Lane said in a statement.
Lane's district is one of the five school districts suing the state.
Conservatives in the legislature have been upset in the past when the courts ordered more money to be spent on education. They have called that legislating from the bench and have hinted that they may not follow a court order in the future.
Kansas Rep. Melissa Rooker, a moderate Republican from Fairway, says this just may be the showdown her conservative colleagues have been looking for.
“That there are certain people who are looking for a fight. Who want the showdown with the courts. They want to prove a point, and for those folks this may be the ammunition that they’re looking for,” Rooker says.
The office of Kansas Gov. Sam Brownback said it was reviewing the decision.
"The governor will work with legislative leaders to determine the best path forward,” said Brownback spokesperson Eileen Hawley in a statement.
House Speaker Ray Merrick also issued a statement saying Kansas lawmakers are reviewing the opinion with legislative legal counsel.
