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Kansas Supreme Court Issues Ruling in School Finance Case
This morning, in a decision of interest to many residents and practitioners in Kansas the Supreme Court of Kansas issued its long-anticipated ruling in the school finance case, and held:
1. Individuals (parents and students) do not have standing to bring any claims, but only because those individuals failed to present admissible evidence identifying at least one individual who attended public school in Kansas.
2. School districts do not have standing to bring equal protection and due process claims, but do have justiciable claims under the Kansas Constitution related to the equity and adequacy of school funding.
3. The district court panel did not apply the correct standard to determine whether funding was adequate, and the case is remanded to the district court panel for additional findings.
4. The district court correctly ruled that the state created unconstitutional wealth-based disparities by withholding capital outlay payments and prorating supplemental aid payments to certain school districts and must “fashion appropriate remedies” if the legislature does not establish equitable funding by July 1, 2014.
5. Plaintiffs are not entitled to attorney fees.
The court ordered remedies may be found on page 108, and the full 110-page opinion is available here.
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Baker Sterchi's Kansas Law Blog examines significant developments, trends and changes in Kansas law on a broad range of topics that are of interest to Kansas practitioners and to businesses evaluating risks under Kansas law or managing litigation subject to Kansas law.
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