This piece by David Sciarra and Wade Henderson is hugely important as the decision rendered by the Kansas Supreme Court and an intractable legislature will have a defining impact on the future of our communities' constitutional rights to—in this case—a "suitable education." Quote from within:
"A
court-stripping constitutional amendment, and defiance of a state
Supreme Court order, would shred the very fabric of Kansas’ government
and send shock waves through state capitals across the nation."
Todos Somos Kansas! We are all Kansas!
-Angela
NYTimes The Opinion Pages|Op-Ed Contributors
KANSAS,
like every state, explicitly guarantees a free public education in its
Constitution, affirming America’s founding belief that only an educated
citizenry can preserve democracy and safeguard individual liberty and
freedom.
And
yet in recent years Kansas has become the epicenter of a new battle
over the states’ obligation to adequately fund public education. Even
though the state Constitution requires that it make “suitable provision”
for financing public education, Gov. Sam Brownback and the
Republican-led Legislature have made draconian cuts in school spending,
leading to a lawsuit that now sits before the state Supreme Court.
The outcome of that decision could resonate nationwide. Forty-five states have had lawsuits challenging the failure
of governors and legislators to provide essential resources for a
constitutional education. Litigation is pending against 11 states that
allegedly provide inadequate and unfair school funding, including New
York, Florida, Texas and California.
Many
of these lawsuits successfully forced elected officials to increase
school funding overall and to deliver more resources to poor students
and those with special needs. If the Kansas Supreme Court rules
otherwise, students in those states may begin to see the tide of
education cuts return.
Kansas’
current constitutional crisis has its genesis in a series of cuts to
school funding that began in 2009. The cuts were accelerated by a $1.1
billion tax break, which benefited mostly upper-income Kansans, proposed
by Governor Brownback and enacted in 2012.
Overall, the Legislature slashed public education funding
to 16.5 percent below the 2008 level, triggering significant program
reductions in schools across the state. Class sizes have increased,
teachers and staff members have been laid off, and essential services
for at-risk students were eliminated, even as the state implemented
higher academic standards for college and career readiness.
Parents filed a lawsuit in the Kansas courts to challenge the cuts. In Gannon v. State of Kansas,
a three-judge trial court ruled in January 2013 for the parents,
finding that the cuts reduced per-pupil expenditures far below a level
“suitable” to educate all children under Kansas’ standards.
The
judges also found that the Legislature was not meeting even the basic
funding amounts set in its own education cost studies. The judges called
the school funding cut “destructive of our children’s future.”
To
remedy the funding shortfall, the judges ordered that per-pupil
expenditures be increased to $4,492 from $3,838, the level previously
established as suitable.
Rather than comply, Governor Brownback appealed to the Kansas Supreme Court. A decision is expected this month.
A
victory for the parents would be heartening, but if it comes, would
Governor Brownback and legislative leaders uphold the right to education
guaranteed to Kansas school children?
The
signals thus far are not promising. If the Kansas Supreme Court orders
restoration of the funding, legislators are threatening to amend the
state’s Constitution by removing the requirement for “suitable” school
funding and to strip Kansas courts of jurisdiction to hear school
finance cases altogether. And if the amendment fails, they have vowed to
defy any court order for increased funding or, at the very least, take
the money from higher education.
A
court-stripping constitutional amendment, and defiance of a state
Supreme Court order, would shred the very fabric of Kansas’ government
and send shock waves through state capitals across the nation. It would
allow elected branches to avoid any responsibility to adhere to the
language and interpretation of their state constitutions by the courts.
It would gravely undermine judicial independence and shut the courthouse
door to vulnerable children who, as a last resort, seek legal redress
to vindicate their fundamental right to an education.
As
the Gannon trial judges noted, matters such as education are placed in
constitutions because they are “intended for permanence” and “to protect
them from the vagaries of politics.”
Kansans
rightfully take pride in their strong public school system. But as
Kansas goes, so may go the nation. The Kansas Constitution, like those
in other states, demands that every child be given the educational
opportunity to meet his or her promise. This requires, at a minimum,
adequate and suitable school funding. Governor Brownback and legislators
must meet the constitutional command and, by so doing, advance the core
American value of equal opportunity for all.
David Sciarra is the executive director of the Education Law Center. Wade Henderson is the president and chief executive of the Leadership Conference on Civil and Human Rights.
