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Sat Jan 12, 2013, 05:28 AM

Court says Kansas must increase school funding, slams tax cuts

Source: Reuters

Court says Kansas must increase school funding, slams tax cuts
Carey Gillam Reuters
9:20 p.m. EST, January 11, 2013

OVERLAND PARK, Kansas (Reuters) - Kansas is unconstitutionally short-changing its students by underfunding education needs and must increase spending by about $400 million, a three-judge panel ruled unanimously on Friday.

The court said it was "illogical" for the state to argue that it could not adequately fund schools at the same time it slashed income taxes.

The ruling is the latest in a series of court victories for a group of public school districts, parents and students in Kansas who have demanded for years that the state provide more money for education.

A funding plan was devised for Kansas in 2006 through a settlement of a prior lawsuit but the groups filed suit again in 2010 when the state made an estimated $300 million in funding cuts. The state made even more cuts in 2011. There have been $511 million in cuts to the base funding between fiscal year 2009 and fiscal 2012.


Read more: http://www.sun-sentinel.com/news/nationworld/sns-rt-us-education-kansasbre90b02q-20130111,0,942637.story

14 replies, 3777 views

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Reply Court says Kansas must increase school funding, slams tax cuts (Original post)
Judi Lynn Jan 2013 OP
greymattermom Jan 2013 #1
LeftishBrit Jan 2013 #2
panzerfaust Jan 2013 #3
proud2BlibKansan Jan 2013 #7
Shadowflash Jan 2013 #4
Coyotl Jan 2013 #5
greymattermom Jan 2013 #6
greymattermom Jan 2013 #13
Garion_55 Jan 2013 #8
Desertguy55 Jan 2013 #9
RKP5637 Jan 2013 #11
greymattermom Jan 2013 #14
patrice Jan 2013 #10
happyslug Jan 2013 #12

Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 05:33 AM

1. very interesting

This will be interesting to follow. Johnson County prides itself on its public schools, but that doesn't play well with the current governor. I think that businesses move to Johnson County for the schools, not for low taxes. I hasn't been that long since we had a Democratic governor.

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Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 06:09 AM

2. Wish this would spread to the UK!

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Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 08:18 AM

3. Why does anyone live in Kansas? Seriously.

 

The same can be asked of several other states - One can only assume that it is because of family ties.


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Response to panzerfaust (Reply #3)

Sat Jan 12, 2013, 09:45 AM

7. Because it's our home.

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Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 08:24 AM

4. 'Bout time

Someone shot down the teapublican scheme of cutting taxes for rich people at the expense of educating children. I hope the courts here in Michigan learn something from this.

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Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 08:36 AM

5. Here is the article in a Kansas source

http://m.cjonline.com/news/2013-01-11/court-state-must-increase-education-funding


Friday, Jan. 11, 2013
Court: State must increase education funding
By Andy Marso
THE CAPITAL-JOURNAL


A three-judge panel, in a much-anticipated decision released Friday. determined that the Legislature is not meeting its K-12 school funding obligations under the state constitution.

The panel headed by Judge Franklin Theis, of Shawnee County, issued a 251-page decision in Gannon vs. State of Kansas that said the previously-set $4,492 per-pupil base state aid funding floor established by the Kansas Supreme Court may not be lowered.

Following the Supreme Court's 2006 decision, the state topped out at $4,400 per pupil in 2009, but recession-driven cuts that followed have since driven the base state aid below that mark. The Legislature added $40 million in funding last year to bring the current per-pupil rate to $3,838.

That does not meet constitutional standards for providing a "suitable" education to Kansas public school students, according to the court.

"The State of Kansas is hereby enjoined," the decision said, "from performing the unconstitutional act of enacting any appropriation, or directing, modifying or canceling any transfer, or using any accounting mechanism or other practice that would will, or may in due course, affect, effect or fund less than the base student aid per pupil of $4,492."

..........

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Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 09:29 AM

6. state line

Just look at the difference between Leawood and Martin City if you want to see what difference good school makes. Anyone can do this on zillow.com.

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Response to greymattermom (Reply #6)

Mon Jan 14, 2013, 09:47 PM

13. not just in Kansas

I encountered someone who fits that description in Georgia today.

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Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 09:48 AM

8. but wait, cutting taxes brings in more revenue....

no?

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Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 09:50 AM

9. Why does anyone live there? (Kansas)

Well, I grew up there and got out as soon as I could. (It's weird, nobody ever says I "Left" Kansas, it's always, "I got out")
There is very little there and Brownstain is in the process of turning it into a complete Theocracy. (This was an easy task since it's always been a theocracy of sorts.) As far as jobs are concerned, there's Wal-Mart and the State...that's really about it.
Strangely enough, I think I would recommend that everyone visit it...seriously. If you haven't been around people who refuse to change, relish their ignorance, mock education and celebrate their plunge to the bottom. it will be an eye-opening experience.

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Response to Desertguy55 (Reply #9)

Mon Jan 14, 2013, 08:57 PM

11. The Brownstain - Cock Brother alliance in KS will eventually lead to its complete unraveling into

a theocratic dystopia. ... too many deer in the headlight people that vote these critters into office. ... there's a cliff ahead, but they don't seem to get it ... so they vote in the most RW bagger critters they can find and call it blessed by 'their' god.


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Response to Desertguy55 (Reply #9)

Mon Jan 14, 2013, 09:50 PM

14. Folks who fit that description can be found most places

I found one in Georgia today. Someone applying for a job who does not currently have a job was told to get a job and called ugly names. Duh, applying for a job is the usual way to get a job.

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Response to Judi Lynn (Original post)

Sat Jan 12, 2013, 10:29 AM

10. K&R

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Response to Judi Lynn (Original post)

Mon Jan 14, 2013, 09:14 PM

12. Here is the actual opinion

http://www.shawneecourt.org/DocumentCenter/View/457

Copy of the Plaintiff"s Complaint:
http://www.schoolfunding.info/news/litigation/KSfairfunding.pdf

The Key is the wording of Article 6, Section 6 (b) of the Kansas Constitution:

6: Finance.

(b) The legislature shall make suitable provision for finance of the educational interests of the state. No tuition shall be charged for attendance at any public school to pupils required by law to attend such school, except such fees or supplemental charges as may be authorized by law. The legislature may authorize the state board of regents to establish tuition, fees and charges at institutions under its supervision.


http://www.kslib.info/Documents/Constitution.pdf

The Kansas Supreme Court has long ruled the above is within the jurisdiction of the Court of Kansas to enforce. Most other states either do NOT have such a clause in their State Constitution, or had ruled such a section in their State Constitution is solely enforceable by the State Legislature as it sees fit.

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