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NewsJune 15, 2019

TOPEKA, Kan. -- Kansas' highest court declared Friday the state finally is spending enough money on its public schools under a new education funding law but refused to end a lawsuit filed nearly a decade ago because it wants to monitor future funding by the Legislature...

Associated Press
Kansas Gov. Laura Kelly answers questions from reporters after praising a state Supreme Court decision on school funding Friday at the Statehouse in Topeka.
Kansas Gov. Laura Kelly answers questions from reporters after praising a state Supreme Court decision on school funding Friday at the Statehouse in Topeka.John Hanna ~ Associated Press

TOPEKA, Kan. -- Kansas' highest court declared Friday the state finally is spending enough money on its public schools under a new education funding law but refused to end a lawsuit filed nearly a decade ago because it wants to monitor future funding by the Legislature.

The state Supreme Court issued a unanimous decision signing off on a law enacted in April to boost the state's education funding by roughly $90 million a year. It was the high court's seventh ruling in less than six years in a lawsuit filed by four local school districts in 2010.

Kansas spends more than $4 billion a year on its public schools -- about $1 billion more than it did during the 2013-2014 school year -- because of the court's decisions. Increases are promised through the 2022-2023 school year, and the new law was designed to ratchet up spending to account for inflation, something the court ruled last year was necessary.

"The State has substantially complied with our mandate," the court said in its unsigned opinion.

The decision not to close the case means the Supreme Court retains a hammer over the governor and legislators. If the districts believe the state has broken its promises, they can return to the high court for another order, instead of being forced to file a new lawsuit and have a lower-court trial first. Alan Rupe, the districts' lead attorney, promised to move quickly if legislators "start backing up on what they promised."

The districts had argued in adjusting spending for inflation, state officials botched the math and needed to provide ever-larger boosts through 2022-2023. Rupe said he is disappointed "we lost the argument," but pointed to the spending increases lawmakers were forced to approve in recent years.

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"We can't complain," Rupe said. "Holy cow, when you look at everything that's been accomplished, it is absolutely a significant achievement."

Democratic Gov. Laura Kelly, who took office in January, had championed the new law as a way to potentially end the lawsuit. It passed the Republican-controlled Legislature with bipartisan support.

Kelly said the latest ruling made Friday "a great day for Kansas and for our kids." She also said she hopes the additional funding prompts local school districts to raise salaries for teachers.

"I think with all the stuff that goes into putting a school together, you know, there's nothing more important than the quality and, I would say, the emotional state of the teacher," Kelly told reporters during a Statehouse news conference.

Attorney General Derek Schmidt, a Republican, said the lawsuit is behind the state "as long as the Legislature and governor fulfill the promises they have made."

Other Republicans were less enthusiastic. Some, particularly conservatives, have questioned whether the state can sustain the new spending in the future without raising taxes or cutting state spending elsewhere.

"Our kids and our schools deserve better than an empty promise," said House Speaker Ron Ryckman Jr., a conservative Kansas City-area Republican.

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