Kansas Supreme Court: Legislature Has Complied
With Montoy Orders
On July 28, 2006, the Kansas Supreme Court issued its
final decision in Montoy v. State, concluding
that “the legislature’s efforts in 2005
and 2006 . . . constitute substantial compliance with
our prior orders.” The court found that legislative
actions “provide annual increased [state] funding
by the 2008-09 school year of $755.6 million”
- a 26 percent increase over the state funding provided
in 2004-05 - and noted that “almost one-third”
of the increase “is directed to at-risk students.”
The court reiterated the Kansas Constitution’s
requirement that the state funding system “provide
an opportunity for every student to obtain a suitable
education” and reviewed several ways in which
the legislature responded positively to the court’s
concerns expressed in earlier Montoy decisions,
such as improved funding for medium-size and large school
districts and their low-income, bilingual, and special
education students.
The new funding system was passed in May as Senate
Bill 549 and will be phased in over the next three school
years. In its decision,
the court stated that “[a] constitutional challenge
of SB 549 must wait for another day.”
Reactions
Governor Kathleen Sebelius said, “This ruling
is good news for Kansas and a welcome resolution to
this case.” Going forward, she pledged to “make
sure the Legislature keeps the commitment that’s
been made to Kansas kids.”
Legislative leaders were pleased, and House Speaker
Doug Mays, Topeka, said, “I’m relieved;
somewhat surprised,” the Lawrence World-Journal
reported.
One of plaintiffs’ attorneys, John Robb, said,
“It’s hard to be disappointed in a billion
dollars for Kansas kids,” a figure that includes
authorized increases in local funding. Plaintiffs had
asked the court to rule on the new legislation and challenged
the sufficiency of funding and the equity of the allocations
in the new funding system. Nonetheless, as reported
in the Lawrence Journal-World, plaintiffs’ attorney
Alan Rupe said he respected the court’s decision
and that significant money had been directed toward
“the kids that need the most to educate.”
The attorney for the Kansas State Board of Education,
Dan Biles, had argued for this outcome before the Kansas
Supreme Court last month. However, Kathy Cook, executive
director of Kansas Families United for Public Education,
questioned whether legislators will fulfill their promises
to schools now that they aren't working under the threat
of court action.
Unprecedented Announcement
In releasing its opinion, the court made its first-ever
live announcement and broadcast it on the internet.
In a brief statement,
Chief Justice Kay McFarland emphasized the importance
of this case and said, “[It] is not about winners
and losers – it is about the children of Kansas.
They will be better educated and better prepared to
meet the challenges of our rapidly changing society.
Kansas will be the ultimate beneficiary.”
Prepared by Molly A. Hunter, July 31, 2006
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