Ravenwood - 07/05/05 07:15 AM
Anyone who thinks that activist judges aren't a problem in this country should be made to read about the Kansas Supreme Court.
The Kansas Supreme Court said Saturday it will consider keeping schools closed because state legislators have failed to comply with the court's demand for more money for public schools. . .On the national level, all spending originates in the House of Representatives, because they represent the people. Courts have issued unfunded mandates, but I've never seen them demand money. Apparently though, buried somewhere within the Kansas Constitution, there's a line that says taxpayers must provide another $143 million for government education.The order was the latest development in a school finance lawsuit filed in 1999 by parents and administrators in Dodge City and Salina. They argued the state did not spend enough money on schools and distributed its aid unfairly.
The court ruled in January that legislators had failed to fulfill a constitutional duty to finance a suitable education for every child, then followed up with a ruling in June demanding additional money.
The justices had ordered legislators to provide, by no later than July 1, an additional $143 million, which lawmakers failed to do.
Category: Left-wing Conspiracy
Comments (2) top link me
Transfer the money in the court budget into the school system budget.
Posted by: Ron Hardin at July 5, 2005 10:06 AMI'm looking at the KS constitution...
http://skyways.lib.ks.us/KSL/ref/constitution/art6.html
Article 6 deals with education, and I can't find a thing that I could even dream up an argument that lets the courts shut down the schools until they determine that the schools are properly funded, or that they get to determine proper funding, or that there is a requirement for some proper level of funding. The best I can do is, "The legislature shall make suitable provision for finanance of the educational interests of the state. No tuition shall be charged..." That means, to me--a non-lawyer, that the state shall pay for tuition, or make a provision for the cost (such as letting the counties pay for it) that doesn't involve paying tuition. I wouldn't be surprised if "suitable provision" might be simply, "the counties will fund their own schools."
The relevant portions:
§ 1: Schools and related institutions and activities. The legislature shall provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions an d related activities which may be organized and changed in such manner as may be provided by law.
....
§ 6: Finance.
(a) The legislature may levy a permanent tax for the use and benefit of state institutions of higher education and apportion among and appropriate the same to the several institutions, which levy, apportionment and appropriation shall continue unt il changed by statute. Further appropriation and other provision for finance of institutions of higher education may be made by the legislature.
(b) The legislature shall make suitable provision for finance of the educational interests of the state. No tuition shall be charged for attendance at any public school to pupils required by law to attend such school, except such fees or supplemental charges as may be authorized by law. The legislature may authorize the state board of regents to establish tuition, fees and charges at institutions under its supervision.
(c) No religious sect or sects shall control any part of the public educational funds.
(c) Ravenwood and Associates, 1990 - 2014
