Kansas AG asks Supreme Court to withdraw threat of school closings

The state attorney general has asked the Kansas Supreme Court to withdraw its warning that it might trigger the shutdown of schools next month.

The court has ordered Kansas lawmakers to fix inequities in school funding before June 30. Otherwise the court could block the distribution of $4 billion in state education funding, causing schools to close.

“To prevent harm to Kansas schoolchildren, their families, and the many Kansans who otherwise rely on having schools open and operating … the State respectfully requests this Court withdraw its twice-repeated warning that it may enter an order that would result in the closing of Kansas public schools,” Attorney General Derek Schmidt wrote in his motion Friday.

Schmidt called that “a grossly disproportionate remedy,” contending that the dispute is over $38 million, less than 1 percent of the state’s total education funding.

The court does have other options, including lifting a stay on a lower court’s ruling and ordering a direct appropriation of the money, something many lawmakers have previously said is outside the court’s authority.

Schmidt’s motion argues that closing schools would violate both the Kansas Constitution and federal law.

Alan Rupe, an attorney for the Wichita school district and other plaintiff districts, said in an e-mail that Schmidt’s brief telegraphs the possibility that the state will file a lawsuit in federal court if schools are closed.

“We are hopeful the Court will see past these thinly-veiled threats,” Rupe wrote. “This is yet another attempt by the Legislature to avoid its constitutional obligations. Rather, the State should redirect its efforts towards equitably funding Kansas schools and stop focusing on efforts to avoid responsibility for a situation it created.”

Gov. Sam Brownback has called lawmakers back for a special session on June 23 in an effort to pass a fix and prevent the shutdown of school summer programs next month.

This story was originally published June 10, 2016 at 7:31 PM with the headline "Kansas AG asks Supreme Court to withdraw threat of school closings."