Three judges named to hear school finance suit

TOPEKA—Court of Appeals Chief Judge Gary W. Rulon today appointed three judges from across the state to preside over a new lawsuit challenging the current level of state funding for Kansas schools.

The suit, Gannon et al. v. State of Kansas, was filed in Shawnee County District Court Tuesday; however, a 2005 legislative enactment directs the Chief Judge of the Court of Appeals to appoint a panel of three judges to preside over school finance challenges.

Named to hear the case were Shawnee County District Judge Franklin R. Theis, Labette County District Judge Robert J. Fleming, Parsons; and retired Sherman County District Judge Jack L. Burr, Goodland. Judge Theis was designated presiding judge of the panel. Together, they will consider contentions brought on behalf of 32 named students and four school districts, including those from Dodge City, Hutchinson, Kansas City, KS, and Wichita. In addition, attorneys are asking that the lawsuit be certified as a “class action” to represent all schools in the state that are entitled to capital outlay equalization payments during the 2009-10 school year.

The plaintiffs contend current school funding violates the Kansas constitutional provision for suitable funding for education, and the substantive due process and equal protection clauses of the Constitution, as well as the mandates of a Kansas statute requiring education be given first priority in the budgeting process and be paid first from existing state revenues. The suit also challenges the constitutionality of a third statute restricting the judiciary’s authority to order a school district or any attendance center within a school district to be closed or to enjoin the use of all statutes related to the distribution of funds for public education.

Chief Judge Rulon said in signing today’s order appointing the three judge panel he has “high confidence in their legal abilities,” but also was interested in attaining geographical diversity in making the case assignments.

No date for a hearing has been set.