• Home
  • Recent Kansas school finance actions raise several constitutional questions

Recent Kansas school finance actions raise several constitutional questions

Source: 
Lawrence Journal-World
Author: 
Peter Hancock
Date: 
Wednesday, March 18, 2015

"A Kansas University law professor said one result of the new school finance law passed by the Legislature this week could be to halt the ongoing lawsuit over school funding and force the plaintiffs to start over with a new case.

...

But he said another possibility is that the battle between the Legislature and the courts could lead to the kind of constitutional crisis that occurred in 2005, when lawmakers initially refused to comply with a Supreme Court order to increase school funding, and the court threatened to close public schools until the Legislature did comply.

'Obviously, the first outcome is one that would avoid, at least for the time being, any serious conflict,' Levy said. 'In the second case, the court says we’re not going to accept the Legislature’s actions, and then the ball goes back into the (hands) of the political branches, and they have to decide how to react. And I don’t think that would be pretty.'"