Kansas school funding not enough, court says

TOPEKA, Kan. — The Kansas Supreme Court ruled Monday that legislators did not increase spending on the state’s public schools enough this year, hinting in its opinion that lawmakers fell hundreds of millions of dollars short of providing a suitable education for every child.

The court rejected the state’s arguments that a new law phasing in a $293 million increase in funding over two years was enough to provide a suitable education for each of the state’s 458,000 students. Four school districts that sued the state over education funding in 2010 had argued that the increase was at least $600 million short of what was necessary over two years.

In its unsigned opinion, the seven-member court told legislators to enact another school funding law before July, without setting a specific target for how much they must spend. But in two separate opinions, three justices said they would have mandated quicker action.

The new law was a response to a ruling from the high court in March that the $4 billion a year the state had been spending on aid to its 286 school districts was inadequate. The figure was set to rise to $4.3 billion for the 2018-19 school year.

The court was particularly focused in its March ruling on targeting more dollars to helping underperforming students. Legislators who supported the new law noted that it boosted spending on programs to help at-risk children and fully financed all-day kindergarten.

The court also ruled that the new per-pupil funding formula created by legislators failed to distribute the money fairly between poor districts and wealthier ones.

But Democratic legislators and the four school districts suing the state repeatedly pointed to a state Board of Education proposal to phase in an $893 million increase over two years as the minimum for what’s required. While the court avoided setting a target, it cited the figures used by the school districts — and others suggesting even higher spending — in its opinion.

Lawmakers increased income taxes this year to raise $1.2 billion over two years, but much of the new revenue went to close projected budget shortfalls.

Kansas has been in and out of school funding lawsuits for several decades. The state constitution requires legislators to “make suitable provision for finance” of the state’s “educational interests,” and the Supreme Court has ruled it’s a requirement to ensure that all children receive a suitable education, regardless of whether they live in rich or poor areas.