A coalition made up of the four largest school districts in Johnson County announced it hired legal counsel — the next step in its effort to get special education fully funded in Kansas.
The Kansas Public School Funding Coalition, which was formed earlier this year by Blue Valley Schools, De Soto School District, Olathe Public Schools and the Shawnee Mission School District, announced in May that it was looking into the possibility of suing the state of Kansas over 15 years of underfunding special education.
At the time, the districts said they had “reached a tipping point.”
This week, the coalition announced it selected Lathrop GPM, a law firm with offices across the country, including in Kansas City, Missouri, according to a statement released Tuesday.
The coalition said it’s still preparing for possible legal action, and has not filed a suit.
Instead, Lathrop GPM will advise the districts on Kansas school finance issues, evaluate the legal and strategic timing for a potential suit and develop a legal strategy aimed at securing additional funding for both special and general education.
“We owe it to our students, staff, and communities to pursue every available option to ensure the state meets its obligation,” the coalition said.
Background
Together, the districts serve about 83,000 students and said that they collectively took out more than $119 million from their general education budgets for the 2024-25 school year to cover the state’s special education funding gap.
Under Kansas statute, the state is supposed to reimburse districts for 92% of the “excess costs” associated with special education. “Excess costs” refer to the average amount it takes to serve a student with special needs above what it costs to educate a student in general education.
The districts say Kansas has failed to hit the statutorily required 92% threshold since 2011.
“The Legislature and state elected officials have consistently and deliberately chosen to shift those costs onto school districts and local taxpayers rather than fulfill their legal obligation,” the coalition wrote in a May release.
The coalition issued a request for proposals for legal counsel when it formed earlier this year.
After interviewing several firms, the districts said they selected Lathrop GPM because of its experience with special education funding, knowledge of Kansas school finance and experience with constitutional and education finance litigation. Senior counsel Curtis L. Tideman will work specifically with the districts.
“Our districts, along with countless other public school districts across Kansas, have spent years working through the legislative process, but the financial burden placed on local schools continues to grow,” Tuesday’s statement reads.
Lawmakers added $6 million in 2026
During the 2026 legislative session, Kansas lawmakers debated several proposals to increase funding.
Democratic Gov. Laura Kelly proposed adding $50.6 million to special education funding, while the Kansas State Department of Education recommended $150 million. That would have brought funding for special education services to about 70% and 80% of excess costs, respectively.
Lawmakers ultimately approved a $6 million increase. To hit the 92% threshold, $225 million would have needed to be added to the budget.
The coalition said it’s still committed to working with the state of Kansas to ensure special education is fully funded.
“Kansas students can no longer afford continued delays in addressing chronic underfunding,” the statement reads.
This story was originally published by the Johnson County Post.
