The Schools for Fair Funding coalition is attempting to override the will of the Legislature by pursuing legal action that could force lawmakers to appropriate funds to the state's K-12 schools at the level lobbyists deem appropriate.

As it stands, schools can expect to receive an average of more than $12,400 per student in state, federal, local and stimulus funding.

The coalition consists of 74 school districts and has determined it will request the Kansas Supreme Court to intervene with the Legislature’s funding decisions, and determine whether or not the K-12 funding is adequate.

The coalition seeks to reopen the Montoy v. State of Kansas court case instead of filing a new lawsuit. Rep. Lance Kinzer, R-Olathe, said it would be "exceedingly unusual" for the courts to reopen the Montoy case because it had been dismissed in 2006.

"It is possible only to the extent that anything is possible," Kinzer told Kansas Liberty. Kinzer, an attorney, said the more appropriate route would be for the coalition to file a new lawsuit.

Kinzer said he was not aware of any previous situation in which a dismissed case was allowed to be reopened in Kansas and said he did not believe that this coalition should be provided with special treatment not generally afforded to other litigants.

"From a tactical perspective they might want to circumvent the process, through seeking some special preference," Kinzer said.

Speaker of the House Mike O’Neal, R-Hutchinson, requested that the Kansas Office of Revisor of Statutes examine whether or not it would be possible to reopen the Montoy decision. The revisor’s office responded by stating that a motion that could reopen the case is “untimely at this point” and that it did not appear likely that the coalition “will be successful in reinstating the Montoy case.”

“However, I say this with some caution as this has always been a unique case in which the court has not necessarily followed precedent,” a state revisor said in a response to O’Neal.

The revisor’s office also said that it was likely that the Legislature would need to pursue legislative counsel regardless of the outcome with the coalition’s attempt to reopen the Montoy decision. This means that taxpayer dollars will need to be used to defend the state in addition to the tax dollars that will be used by the districts to fund the litigation.

Reopening a case, instead of filing a new lawsuit, could provide the Schools for Fair Funding coalition with some tactical advantages, Kinzer said.

"It could potentially save them a lot of time and theoretically they could attempt to litigate the case based upon a factual record...in which they have already received a favorable outcome," Kinzer said.

Sen. Bob Marshall, R-Fort Scott, and member of the Senate education committee, said he was incredibly disappointed that school districts were threatening legal action in order to secure their funding demands are met.

“It’s like suing your family,” Marshall told Kansas Liberty. “We are all in this together. I just think its poor practice for them to be suing us when we all know there is no money.”

An Americans for Prosperity-Kansas report published last month described how Kansas has increased K-12 funding by more than $1 billion since 2003, despite enrollment levels remaining steady. The report also points out that Kansas schools use a substantial amount of funding for non-instructional staff such as principals and superintendents, with an average of one “supervisor” position for every 15 classroom teachers.

Rep. Deena Horst, R-Salina, and vice-chair of the House education committee, also said she was upset and somewhat confused by the coalition’s attempts to reopen the Montoy case. Horst said she thought the districts could make better use of the funds taxpayers have provided them with.

“I am saddened that they see this as a lobbying tool of some kind,” Horst told Kansas Liberty.

Horst said she disagreed with the Supreme Court’s initial decision to step in and dictate how the Legislature allocates funds and that she was hopeful that the proceedings would not be repeated.

“I don’t see any place in the Constitution that gives them the right to appropriate money,” Horst said. “The Supreme Court was overstepping its bounds. “

Kinzer is also strongly opposed to the Supreme Court's previous decision to intervene with the Legislature's appropriations process.

"I simply do not believe that the courts are the right forum for the resolution for questions regarding school finance," Kinzer said.

—Holly Smith

Resources:

AFP report

Previously on Kansas Liberty:

Minority report reveals major flaws

The Week in Review