Trial Ending in Kansas School Funding Adequacy Case

Testimony in Montoy v. State, the Kansas school funding adequacy case, concluded on October 3, and closing arguments are scheduled for November 25, 2003. Among other evidence, plaintiffs presented a Kansas costing-out analysis and testimony on programs and strategies that can be effective in helping struggling students. Given the rigor of the Kansas educational standards and the 100% proficiency requirement of the new federal NCLB law, plaintiffs argued that all students must have the opportunity to reach the state standards and that low-income, minority and ELL (English language learner) students require more funding.

However, as reported in the Dodge City Daily Globe, witnesses for the state testified about the generally high rankings of Kansas students nationally and pointed out districts that they said are "creating new, innovative models" and targeting students who need the most help.

The Montoy trial became necessary when the Kansas Supreme Court remanded the case earlier this year. The trial was shorter than most trials in school funding cases, in part because State District Court Judge Terry Bullock issued a preliminary decision that framed the issues for trial. This decision defined a constitutional education

must provide all Kansas students, commensurate with their natural abilities, the skills necessary to understand and successfully participate in the world around them both as children and later as adults.

The preliminary decision also indicated that cost-based differences in per-pupil funding among districts would pass constitutional muster if they were necessary to provide students with equal educational opportunity.

Even if the trial court decision is available soon after closing arguments, attorneys for plaintiffs and the state expect an appeal to the Kansas Supreme Court. Pending an appeal, legislative action is anticipated in the next session, which convenes in January. Residents of small, rural school districts worry about the possibility of forced consolidation.

Another Kansas school funding case, Robinson v. Kansas, which is based on federal Title VI civil rights regulations, is still pending trial.

Prepared October 14, 2003