Motions filed over court jurisdiction in Kansas school funding case

Attorneys for the state and for school districts are wrangling over whether the Kansas Supreme Court or a three-judge panel should hold jurisdiction over a pending school finance lawsuit.

The case deals with two issues: whether school funding is equitable among districts and whether it is adequate for all districts. The equity side of the case was resolved last year when the Legislature passed a bill that put nearly $200 million more toward school funding and property tax relief.

But lawmakers plan to cut school funding for next year in the face of a budget hole and change the areas of funding increased in last year’s bill. Schools for Fair Funding, the group that represents Wichita and other school districts, sought to reopen the equity side of the case in January.

The adequacy side of the case stands before the Kansas Supreme Court after a three-judge panel in Topeka ruled that the state was unconstitutionally underfunding schools and the state appealed.

The panel was set to hold a hearing on the equity issue this week, but Attorney General Derek Schmidt filed a motion contending that it no longer has jurisdiction because the other part of the case is before the Supreme Court.

The Thursday hearing was canceled following an order from the Supreme Court.

The attorneys for the school districts filed a motion of their own Tuesday asking the Supreme Court to send back the adequacy side of the case until the other issues are resolved. The brief calls it common sense that the two sides of the case be resolved together.

This story was originally published March 3, 2015 at 6:35 PM with the headline "Motions filed over court jurisdiction in Kansas school funding case."