Briefs in Gannon were filed on May 7th. You can find the Plaintiffs’ brief in its entirety here 2018-05-07 Plaintiffs Remedy Brief with abbreviated Appendix (1)
Highlights from the brief demonstrate why S.B. 423 is unconstitutional:
- The State Commissioned a New Study to Estimate the Costs of Providing a Constitutional Education, Which Estimated that Education Spending Should Increase by at Least $1.786 Billion.
- The State’s own expert completely obliterates any argument that $192 million can generate the results required to reach constitutional compliance.
- After Receiving the WestEd Report, the State Adopted S.B. 423 and Funded Less Than What Its Expert Predicted was Necessary to Adequately Fund Education.
- S.B. 423 does not appropriately account for inflation.
Accounting for inflation, Kansas school districts will receive:
- $192 million in “new money” in FY19;
- $11.5 million in “new money” in FY20;
- $14.5 million in “new money” and FY21;
- $15.8 million in “new money” in FY22; and
- $18.2 million in “new money” in FY23.
Almost half of the “new money” for FY19 actually comes from the $96 million increase previously provided in S.B. 19.
- S.B. 423 is politically motivated and does not reflect cost-based decisions that are reasonably calculated to have all students meet or exceed the standards set out in Rose.
- S.B. 423 continues to knowingly underfund special education.
- S.B. 423 violates Article 6’s equity requirement because it retains a protest petition and election process regarding LOB.
- S.B. 423 further violates Article 6’s equity requirement by requiring a transfer from the LOB to the at-risk and bilingual funds.
- S.B. 423 further violates Article 6’s equity requirement by mandating that all districts adopt a 15% Local Option Budget.
For the reasons stated herein, Plaintiffs request that this Court
- Declare S.B. 423 unconstitutional.
- Enter a finding that the Legislature should appropriate at least enough money to meet the KSBE’s request for additional resources for FY19. This would require that the State fund a base of $5,090 for FY19, costing an additional $506 million this year.
- Enter a finding requiring the full funding of Special Education at 92% of Excess Costs as required by statute.
- Phase in additional increases in the out-years to reach the approximate additional $1.786 – $2.067 billion (in 2016-17 dollars) indicated by the State’s own cost study.
- Incorporate a CPI increase to the amounts funded during any phase-in period to reach adequacy.
- Remove any requirement that LOB authority be linked to a protest/election requirement.
- Remove any requirement that LOB funding be mandatory, or equalize any mandatory LOB to the 100th percentile.
- Remove any provisions that require mandatory transfers from LOB that discriminate based upon the percentage of LOB adopted.