Kansas beware...
Posted: 6/17/2005, 1:38 am
Legal Woes May Shut Down Kansas Schools
By JOHN HANNA, Associated Press Writer Thu Jun 16, 3:32 PM ET
TOPEKA, Kan. - Still smarting from a fight over evolution, Kansas schools now face an almost unthinkable possibility: They might not reopen in the fall because of a political and legal battle over education funding.
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The Kansas Supreme Court has ordered legislators to provide millions more in aid to schools by July 1. Gov. Kathleen Sebelius has called a special legislative session for June 22 to act on the order.
Some Republicans who control the Legislature want to defy the court, arguing it cannot tell them exactly what to spend on anything. Their tough talk has educators and others worried the court will order schools to remain closed until legislators comply.
Such orders have been issued or threatened in other states, and a Kansas judge even told the state last year that it could not spend a penny on its schools until legislators fixed the funding system, a decision that would have kept classrooms closed ? and 445,000 students at home ? had the Supreme Court not put it on hold.
"It truly does seem to me to be the natural consequence," said Dan Biles, an attorney for the State Board of Education.
Such a development would represent another embarrassment for the Kansas school system, which was ridiculed around the country in 1999 when the state school board deleted most references to evolution. The school system later reversed course. But now it is likely to adopt new science standards that are critical of evolution.
Michele Henry, a Topeka mother of two daughters, ages 7 and 9, said legislators need to provide enough money for schools.
"Other people are not allowed not to do their jobs," said Henry, who is the president of the parent-teacher organization at her daughters' school. "Their job is to fund education programs for our children."
The Supreme Court's directive June 3 came in a six-year-old lawsuit from Dodge City and Salina, where parents and administrators claimed Kansas spends too little money on education and distributes its aid unfairly, shortchanging poor children, minorities and struggling students.
In January, the Supreme Court said legislators had failed to do their duty under the Kansas Constitution to provide a suitable education for all children. But the justices were not specific about a fix.
GOP leaders pushed through a plan to increase state school aid by $142 million, or about 5 percent, while avoiding the tax increases that Sebelius and other Democrats saw as necessary.
The high court said that the plan was inadequate and that the increase for the next school year must be $285 million, or 10 percent. The court also said it could order much larger spending increases in the future.
The governor and legislators received new, more optimistic revenue projections this week, which they said eliminated the need to consider an immediate tax increase.
Kansas' Republican legislators, particularly conservatives, were furious with the court when it ruled and remained so even after the good fiscal news.
"I think it's high time we confronted the court," said Rep. Frank Miller. "One thing we could do is just refuse to obey."
Such rhetoric has some educators worried about the next school term.
"Families organize their lives around the school system," said Andrea Ewert, a counselor at Hutchinson High School. "When school is in session, children don't only have breakfast here but lunch here, and in many elementary schools, there are after-school programs to keep them in a safe environment."
In a similar dispute in New York state, a master appointed by the state's highest court recently said New York City's schools need an additional $5.6 billion over the next four years. In New Jersey in 1976, the state's highest court ordered schools to remain closed, successfully forcing legislators to improve funding. Threats from high courts in Arizona and Texas compelled legislators in those states to do the same.
"That is a remedy that clearly is within the court's power," said Michael Rebell, executive director of the Campaign for Fiscal Equity, which sued over New York City's education funding. "The threat is usually very effective."
The Kansas court has not said what it would do if lawmakers defied the order.
"I would just as soon not learn the answer to that question," said Senate Majority Leader Derek Schmidt, a Republican.
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the solution here is simple. each and everyone of these legislators is threatening to essentially violate civil rights laws. children who's parents pay taxes are entitled to a free education. all these legislators should go to federal prisons or at least trial because they are doing so. agree? disagree? discuss.
By JOHN HANNA, Associated Press Writer Thu Jun 16, 3:32 PM ET
TOPEKA, Kan. - Still smarting from a fight over evolution, Kansas schools now face an almost unthinkable possibility: They might not reopen in the fall because of a political and legal battle over education funding.
ADVERTISEMENT
[click here]
The Kansas Supreme Court has ordered legislators to provide millions more in aid to schools by July 1. Gov. Kathleen Sebelius has called a special legislative session for June 22 to act on the order.
Some Republicans who control the Legislature want to defy the court, arguing it cannot tell them exactly what to spend on anything. Their tough talk has educators and others worried the court will order schools to remain closed until legislators comply.
Such orders have been issued or threatened in other states, and a Kansas judge even told the state last year that it could not spend a penny on its schools until legislators fixed the funding system, a decision that would have kept classrooms closed ? and 445,000 students at home ? had the Supreme Court not put it on hold.
"It truly does seem to me to be the natural consequence," said Dan Biles, an attorney for the State Board of Education.
Such a development would represent another embarrassment for the Kansas school system, which was ridiculed around the country in 1999 when the state school board deleted most references to evolution. The school system later reversed course. But now it is likely to adopt new science standards that are critical of evolution.
Michele Henry, a Topeka mother of two daughters, ages 7 and 9, said legislators need to provide enough money for schools.
"Other people are not allowed not to do their jobs," said Henry, who is the president of the parent-teacher organization at her daughters' school. "Their job is to fund education programs for our children."
The Supreme Court's directive June 3 came in a six-year-old lawsuit from Dodge City and Salina, where parents and administrators claimed Kansas spends too little money on education and distributes its aid unfairly, shortchanging poor children, minorities and struggling students.
In January, the Supreme Court said legislators had failed to do their duty under the Kansas Constitution to provide a suitable education for all children. But the justices were not specific about a fix.
GOP leaders pushed through a plan to increase state school aid by $142 million, or about 5 percent, while avoiding the tax increases that Sebelius and other Democrats saw as necessary.
The high court said that the plan was inadequate and that the increase for the next school year must be $285 million, or 10 percent. The court also said it could order much larger spending increases in the future.
The governor and legislators received new, more optimistic revenue projections this week, which they said eliminated the need to consider an immediate tax increase.
Kansas' Republican legislators, particularly conservatives, were furious with the court when it ruled and remained so even after the good fiscal news.
"I think it's high time we confronted the court," said Rep. Frank Miller. "One thing we could do is just refuse to obey."
Such rhetoric has some educators worried about the next school term.
"Families organize their lives around the school system," said Andrea Ewert, a counselor at Hutchinson High School. "When school is in session, children don't only have breakfast here but lunch here, and in many elementary schools, there are after-school programs to keep them in a safe environment."
In a similar dispute in New York state, a master appointed by the state's highest court recently said New York City's schools need an additional $5.6 billion over the next four years. In New Jersey in 1976, the state's highest court ordered schools to remain closed, successfully forcing legislators to improve funding. Threats from high courts in Arizona and Texas compelled legislators in those states to do the same.
"That is a remedy that clearly is within the court's power," said Michael Rebell, executive director of the Campaign for Fiscal Equity, which sued over New York City's education funding. "The threat is usually very effective."
The Kansas court has not said what it would do if lawmakers defied the order.
"I would just as soon not learn the answer to that question," said Senate Majority Leader Derek Schmidt, a Republican.
------------
the solution here is simple. each and everyone of these legislators is threatening to essentially violate civil rights laws. children who's parents pay taxes are entitled to a free education. all these legislators should go to federal prisons or at least trial because they are doing so. agree? disagree? discuss.
