Kansas School Funding Trial Underway in Montoy v. State

Testimony began on Monday, September 22, in what is expected to be a two-week trial in Shawnee County (Topeka) District Court to determine whether the Kansas education finance system violates the state constitution by providing inadequate and inequitable funding, as alleged by plaintiffs in Montoy v. State. The trial has now begun because, earlier this year, the Kansas Supreme Court reversed a decision by the trial court judge that dismissed Montoy in 2001.

As reported by the Associated Press and the Lawrence Journal-World, school district directors of curriculum and instruction testified that educators in their districts know how to improve student outcomes and reduce achievement gaps but that current funding is insufficient to implement the necessary effective instructional strategies.

Plaintiffs also presented testimony from the consultant who performed the Kansas costing-out study and recommended an increase in school funding, based on the need to enable students to meet the state's academic standards, and from a representative of the Kansas Association of School Boards, who explained the higher expectations imposed by the federal "No Child Left Behind" legislation.

Plaintiffs claim that "capital outlay" funding, special education "excess costs" funding, and the School District Finance and Quality Performance Act of 1992 (SDFQPA) violate the state constitutional provision that requires the legislature to provide "suitable" education funding and violates the constitution's equal protection clause and due process clause.

In related news, Kansas Governor Kathleen Sebelius has appointed a 27-member Task Force on education policy, which is holding eight public forums in towns and cities across the state.

Prepared September 26, 2003