www.mozilla.com Weather Central
Voices
Headlines

Kids do count -10/22/2014, 10:31 AM

Needing the past in the future? -10/22/2014, 10:31 AM

In praise of hunting -10/22/2014, 10:30 AM

What is a CID? Will it work for mall? -10/21/2014, 10:22 AM

Judging importance on the ballot -10/21/2014, 10:22 AM

Kansas Speaks -10/21/2014, 10:22 AM

Paying for schools -10/19/2014, 1:21 PM

Joining forces for Orman -10/19/2014, 1:21 PM

Research before voting -10/19/2014, 1:21 PM

Davis is moderate? -10/19/2014, 1:21 PM

The most important election in your lifetime -10/19/2014, 1:21 PM

Huelskamp stands out -10/19/2014, 1:21 PM

Kansas farm interests -10/19/2014, 1:21 PM

Keeping unfounded reports from 'going viral' -10/19/2014, 1:21 PM

The age of cynicism -10/18/2014, 9:02 AM

Preventable diseases -10/17/2014, 10:28 AM

Second term needed -10/17/2014, 10:28 AM

Kansans deserve better -10/17/2014, 10:28 AM

Officially killing Americans -10/17/2014, 10:27 AM

New era at FHSU -10/16/2014, 10:01 AM

Roberts is right choice -10/16/2014, 10:01 AM

Crumbling Constitution -10/16/2014, 9:52 AM

Redbelly's future -10/16/2014, 9:52 AM

Kansas deserves better -10/15/2014, 10:23 AM

Remember to vote on Nov. 4 -10/15/2014, 10:23 AM

You almost feel sorry for Sean Groubert -10/15/2014, 10:23 AM

Register to vote -10/14/2014, 10:14 AM

Living on that 70 percent -10/14/2014, 10:14 AM

New bullying problem for schools: parents -10/14/2014, 10:14 AM

Cheerios, marriage equality, the Supreme Court -10/13/2014, 9:49 AM

Wedded bliss -10/12/2014, 5:54 PM

Who is the real fraud? -10/12/2014, 5:08 PM

Teenagers 'make some noise' -10/12/2014, 5:08 PM

Not so private property -10/10/2014, 10:01 AM

Federal funding -10/10/2014, 10:01 AM

Teacher indoctrination -10/10/2014, 10:01 AM

Vote Republican -10/9/2014, 9:49 AM

Non-partisan politics -10/9/2014, 9:49 AM

Teen driver safety week Oct. 19 to 25 -10/9/2014, 9:04 AM

FHSU party -10/9/2014, 10:11 AM

Poverty in America -10/9/2014, 10:11 AM

Let the women serve -10/9/2014, 10:11 AM

Time for new direction -10/8/2014, 9:49 AM

Improving Kansas economically -10/8/2014, 9:35 AM

Water abusers -10/8/2014, 9:35 AM

Play safe on the farm -10/8/2014, 9:34 AM

Where the money comes from -10/7/2014, 10:24 AM

The president's security -10/7/2014, 10:24 AM

Marriage equality -10/7/2014, 10:24 AM

The sins of the father are visited -10/6/2014, 9:02 AM

Cannabis in America: The bottom line -10/6/2014, 9:20 AM

A reason to celebrate -10/6/2014, 9:20 AM

Gov. shields wealthy from paying for schools -10/5/2014, 2:07 PM

Passionate protest in defense of civil disorder -10/5/2014, 2:07 PM

October is time for baseball and, of course, film premieres -10/4/2014, 2:16 PM

Alley cleanup -10/3/2014, 10:01 AM

Will the West defend itself? -10/3/2014, 10:01 AM

Find another school -10/3/2014, 10:01 AM

It's better now -10/2/2014, 9:17 AM

The answer is to bomb Mexico? -10/2/2014, 9:17 AM

Falling revenue -10/2/2014, 9:17 AM

School facilities -10/1/2014, 9:27 AM

Look ahead, not back -10/1/2014, 9:27 AM

Secret Service needs to step up its game -10/1/2014, 9:27 AM

Roosevelts were true leaders -9/30/2014, 9:18 AM

Moral bankruptcy -9/30/2014, 9:18 AM

Expect some sort of change in Topeka -9/30/2014, 9:18 AM

'A tale of two countries' -9/29/2014, 9:59 AM

The last of the Willie Horton ads? -9/29/2014, 9:59 AM

Finding answers to the future of Kansas -9/28/2014, 2:20 PM

College: Where religious freedom goes to die -9/28/2014, 2:20 PM

Honoring Hammond -9/28/2014, 2:20 PM

Do statistical disparities mean injustice? -9/26/2014, 9:53 AM

World university rankings -9/26/2014, 9:52 AM

Kansas experiment -9/26/2014, 9:52 AM

Two anti-choice parties -9/25/2014, 10:03 AM

Not in the same old Kansas anymore -9/25/2014, 10:03 AM

Domestic violence -9/25/2014, 10:03 AM

Back to war we go -9/24/2014, 9:55 AM

Piling on the NFL -9/24/2014, 9:54 AM

Emma Watson looking for a few good men -9/24/2014, 9:54 AM

Renter runaround -9/23/2014, 7:32 PM

Enough is enough -9/23/2014, 9:02 AM

Life of politics in the state -9/23/2014, 9:02 AM

What is and is not child abuse -9/22/2014, 9:30 AM

Cannabis politics and research -9/22/2014, 9:30 AM

Future of The Mall -9/21/2014, 6:14 PM

Multiculturalism is a failure -9/19/2014, 9:52 AM

State education rankings -9/19/2014, 9:52 AM

Kobach gone wild -9/19/2014, 9:52 AM

Bias prevents civil discussion of education issues -9/18/2014, 9:35 AM

Immigration is American -9/18/2014, 9:35 AM

Costs to states not expanding Medicaid -9/17/2014, 10:14 AM

Medicare threats -9/17/2014, 10:12 AM

Green fields in northwest Kansas -9/17/2014, 10:12 AM

Consolidation by starvation -9/16/2014, 9:54 AM

School mergers tricky -9/16/2014, 9:54 AM

Hotel tipping -9/16/2014, 9:54 AM

Abuse video revealed nothing we didn't know -9/15/2014, 9:20 AM

Lessons from 13 years ago -9/15/2014, 9:20 AM

myTown Calendar

SPOTLIGHT
[var top_story_head]

Suitable funding

Published on -1/15/2013, 10:50 AM

Printer-friendly version
E-Mail This Story

When a three-judge panel ruled last week that the state of Kansas is not fulfilling its legal obligation to suitably finance public education, the reactions from various corners have been telling.

The governor's office, for example, said the ruling was not unexpected -- and that "the courts are drastically increasing the property tax burden on every Kansan."

The attorney general's office vowed to fight the ruling in court.

Top-ranking legislators in the House and Senate, both of which are now overwhelmingly conservative Republican, said they might put forth a constitutional amendment to clarify the roles of the various branches of government -- specifically that the Legislature sets fund levels, not the courts.

Those pleased to see the district court order the base state per pupil amount raised from $3,783 to $4,492 either work inside a school or for an entity supporting education employees, or are among the parents and school districts that lodged the complaint.

Any way you look at it, the state will need to come up with an additional $440 million in the next year in order to satisfy the judicial decree. Add that to the $267 million budget shortall already expected, and the state is close to three-quarters of a billion dollars in the hole. The session that began this week might prove more complicated than predicted -- even with like-minded majorities in both houses and a governor prepared to sign bills as soon as they hit his desk.

Rather than rush constitutional amendments through the process or wait until the 88th day of a 90-day session to decide the amount of base state aid, elected leaders would be better off attempting to bridge the chasm that exists regarding the interpretation of the Kansas Constitution. It holds: "The legislature shall make suitable provision for finance of the educational interests of the state."

The judiciary branch obviously believes $3,783 per pupil is too low. Constitutionally too low. So do educators and parents who keep suing the state when legislators attempt to give schools less than they promised. It was lawmakers who came up with the $4,492 figure, not the courts.

Legislators and the governor believe their responsibility is met when they do the best possible given that year's revenue stream. And then proceeds to choke off revenues by slashing income taxes.

The court likely committed a faux pas by pointing this out. In the ruling, the judges wrote: "It appears to us that the only certain result of the tax cut will be further reduction of existing resources and from a cause, unlike the Great Recession which had a cause external to Kansas, that is home-spun, hence, self-inflicted ... While the Legislature has said that educational funding is a priority, the passage of the tax cut bill suggests otherwise."

While true, the court has in effect invited lawmakers to spend time finding ways to retaliate. Given the size of the budget hole, this is not where the Legislature should be focused.

Instead, it should be attempting to provide suitable provision for education without simply pushing costs down to the local level. The property tax reform of the 1990s resulted in the state picking up a larger share of education funding. The Legislature itself took the responsibility of ensuring that the education every Kansas child receives should not be dependent on the wealth of the district in which they live. That is something the child cannot control.

The state can control whether the taxation model is progressive or regressive. The "experiment" begun by Gov. Sam Brownback last year -- and expected to be furthered this year -- attempts to redistribute tax obligations from the rich and middle classes to the poor. This regressive approach might have hit a roadblock in the form of the judiciary branch.

Judges are supposed to rule on the constitutionality of laws legislators propose and the governor signs. The state and the nation were designed with such checks and balances. Elected officials would do well to keep their roles straight.

Editorial by Patrick Lowry

plowry@dailynews.net

digg delicious facebook stumbleupon google Newsvine
More News and Photos

Associated Press Videos

AP Breaking News