What’s behind Brownback’s change on schools? Theories include a “final screw you”

Gov. Sam Brownback abandoned the tough words he once had for the Kansas Supreme Court during his State of the State speech earlier this month. He didn’t criticize excessive government spending. And he suggested the state spend $600 million more on schools over five years.

Has he shifted his stances, or is something else going on?

Lawmakers say Brownback is either offering a final "screw you" to them, or that Lt. Gov. Jeff Colyer is actually behind the change. For his part, Brownback says he’s reacting to the Kansas Supreme Court.

During his State of the State speech, Brownback called for a $600 million funding boost over five years for schools in response to a Supreme Court decision that found funding levels inadequate. Attorneys who represent school districts suing the state have called for that amount.

Brownback has not said how Kansas will pay for most of the increase. He says no tax hikes will be needed, but he cannot guarantee what happens when he’s no longer governor.

Paying for a $600 million increase would likely require either deep cuts to other parts of state government or higher taxes. The proposal also calls into question whether Brownback would sign into law bills that fall short of that amount or don’t include additional spending.

His plan sparked an intense backlash among Republican lawmakers. The proposal could complicate the legislative session, where lawmakers must find a way to fund schools that satisfies the Supreme Court.

"I don’t think he’s really changed a lot. He’s spent his years rallying against the courts and trying to change them," said Rep. Tom Cox, R-Shawnee. "So I don’t think he all of a sudden agreed with them."

"I think he just decided a final screw you to the Legislature, of making our jobs more difficult knowing he likely won’t be here and have to deal with the consequences of the school finance formula."

Shifting rhetoric

Brownback referred to the courts as "unaccountable, opaque institutions" in his 2014 State of the State address. That year, he also endorsed efforts to oust Supreme Court justices who were on the ballot.

In 2018, he has been less combative toward the court.

"We have received the decree of the Kansas Supreme Court" and are making a proposal to comply, Brownback said earlier this month.

On spending, Brownback criticized lawmakers in June 2017 for passing the biggest budget in state history.

"This session marks a drastic departure from fiscal restraint," he said at the time.

Now he has proposed a $600 million spending increase. Senate President Susan Wagle, R-Wichita, last week said Brownback and Colyer were being hypocritical and threw the governor’s earlier criticism back at him.

"This proposal marks a drastic departure from fiscal restraint," she said in a written statement.

Asked whether Brownback’s latest comments are consistent with what he has said in the past, his office sent a two-sentence statement.

"We received a mandate from the court. I’m not going to allow schools to close due to inaction on my part," Brownback said in the statement.

Colyer said "we’re in a different situation now" in response to a similar question about Brownback’s tone.

"We now have a ruling from the Supreme Court. That is different and what the governor's chosen is 'here is one good solution,' that he proposed for that. This is a process," Colyer told a reporter.

Michael Smith, a political science professor at Emporia State University, said Brownback’s speech could be viewed as a “capstone” address that sums up his time in office but that doesn’t offer many policy proposals, with the exception of the funding boost for schools. This was Brownback’s last State of the State speech.

“‘Well, it’s been eight years and let’s celebrate our successes and remember Kansas is a great place,’” Smith said, summing up Brownback’s tone.

Colyer’s role

Last fall, Colyer had expected that he – not Brownback – would give the State of the State speech.

President Donald Trump nominated Brownback to be ambassador at large for international religious freedom in July, but the U.S. Senate has not yet voted on his position. In early January, Brownback made clear he will remain governor until he is confirmed.

"Does a tiger change his stripes after seven years? I mean, I don’t think so," said Rep. John Whitmer, R-Wichita.

Preparing the state budget takes months. Brownback said as early as mid-November that Colyer was taking the lead on the budget.

"So who really, probably, did the budget?" Whitmer said.

Colyer said Thursday that Brownback made final decisions on the budget.

Senate Minority Leader Anthony Hensley, D-Topeka, said that both Colyer’s influence and Brownback’s bad relationship with Republican leaders could be driving the governor’s change in tone.

Hensley said he wouldn’t be surprised if Colyer was responsible for the budget. Colyer, who was a senator, had a reputation as something of a maverick in the Legislature, he said.

Brownback also thinks he’s on the way out, Hensley said.

"There’s no love lost between Brownback and the Republican leadership in the Legislature. So I don’t think he had a problem proposing the $600 million … I just think he is sending a message to the House and Senate Republican leadership that he really doesn’t care what they think," Hensley said.

"This is Brownback’s parting shot."

Contributing: Hunter Woodall of The Kansas City Star

This story was originally published January 21, 2018 at 8:00 AM with the headline "What’s behind Brownback’s change on schools? Theories include a “final screw you”."