Justice: Will Kansas schools litigation ever end?

Posted 2 years ago

By Post Staff

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3:30 p.m.  (AP) — A Kansas Supreme Court justice is asking whether legal battles over school funding will ever end if the high court sides with school districts that have sued the state to force higher spending.

Justice Eric Rosen said during a hearing Tuesday that he worries about what he called “constant litigation.”

The court heard arguments on the state’s appeal of a lower-court ruling that the state must boost its annual spending on public schools by at least $440 million a year.

Wichita attorney Alan Rupe spoke on behalf of the aggrieved school districts. Rosen asked him whether there’s an end in sight to litigation over school funding.

Rupe said the end comes when lawmakers provide adequate funding.

But Rosen said that’s a target that changes year to year.


(AP) — Two Kansas Supreme Court justices have told an attorney for the state that it has broken promises made to public schools about their funding.

Justices Eric Rosen and Lee Johnson made their comments from the bench during arguments Tuesday on the appeal of a school funding lawsuit. The state is appealing a lower court ruling that legislators must boost annual funding for schools by at least $440 million.

The Supreme Court is hearing a lawsuit filed in 2010 by several school districts, including Dodge City, Hutchinson, Kansas City and Wichita. They argue the state has failed to comply with a 2006 court order to increase funding.

State Solicitor General Stephen McAllister argued that the state failed to comply because of the Great Recession.

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