Schools for Fair Funding is returning to the news with their recent discussions on whether there will be a new law suit over “suitable” funding of Kansas schools. 

I have updated my collection of mostly IRS documents about Schools for Fair Funding and put all this information online: 

• IRS 1024, Application for Recognition of Exemption Under Section 501(a)
• Determination Letter from IRS
• IRS 990s (only 2004 and 2005 IRS 990s are online at GuideStar.org)
  • 1999  •  2000  •  2001  •  2002  •  2003  •  2004  •  2005  •  2006  •  2007  •  2008

These 116 pages of documents can now be found under the new Nonprofit Resources page on the Kansas Watchdog.

In 2005 there was a constitutional battle between the Kansas Legislature and the Kansas Supreme Court over spending for schools.

Tea Party sign in June 2005 at State Capitol Rally

On Saturday, June 18, 2005 there was a rally at the Kansas Capitol by those opposed to the Kansas Supreme Court telling the Kansas Legislature how much to spend on education.  Many in that group thought the Kansas high court was overstepping its power by telling the legislature how to spend tax dollars.

Signs seen that day:

• No tax increases
• Stop judicial activism
• Just say no to judicial activism
• Stop the activist Sebelius Court

State Rep Lance Kinzer:  

“We should spend an adequate amount to fund education in Kansas. The question is how do you arrive at the determination of what that adequate amount is.”

“This notion that taxation without representation was tyranny … that the founders gave control of the purse — of appropriations — to representative branches alone.”

State Rep Frank Miller: 

“The Supreme Court has misused its judicial power.”

“…three branches — the Executive branch, the Legislative branch, and the Judicial branch — each having equal but separate power”

“the Supreme Court … is … usurping the authority of the Legislature.”

“We must weigh all legislation and appropriations against the needs of all governmental agencies and the taxpayers.”

“Tax money taken from parents also hurts the children in our schools.”

“And for what I strongly believe is the will of the majority of my constituents … I SHALL NOT acquiesce to the Kansas Supreme Court.”

“I believe what this court is doing and what many of our courts are doing all over the nation are small steps in the direction of national suicide”

State Rep Richard Carlson:

“I was visiting with an educator. … She said ‘Well, how can you defy the Court?’ ‘How will we teach our children .. if our own legislature defies the court?’ “

“I said, ‘well, as an individual, and the Supreme Court makes a decision that affects me — of course, I would obey a Supreme Court decision. It is the law of the land.’ But in a constitutional republic and the democracy we have, when I step up to the well in the house — the elected house of representatives of the people — I’m speaking for the people that elected me.”

“The legislature is the co-equal body of government.”

Court spokesman, Ron Keefover, discusses 2-page Supreme Court decision on school funding with reporters on July 2, 2005

Two weeks later on July 2, 2005 the Kansas Supreme Court threatened the closure of Kansas schools even though it never defined what “suitable” funding was.  The court’s order said “… counsel should demonstrate why this Court should not enter an order enjoining the expenditure and distribution of funds for the operation of Kansas schools.” If the Supreme Court shuts off the flow of money to the schools, this would effectively close Kansas schools.

State Senator Karin Brownlee (R, Olathe):

“The public needs to understand that this is about the separation of powers … If we don’t straighten out our separation of powers, our very foundation [of government] is shaken.”

The Kansas Legislature must “protect our constitutional status as a separate branch of government.”

 State Rep Eric Carter (R, Overland Park):

These education court “cases don’t wrap up in a couple of months. They drag on for years and years. This Montoy case and this court’s involvement in education financing in Kansas could be with us for the bulk of a decade … in the absence of a constitutional amendment” clarifying “how much money and how it’s going to be spent is to be decided by the legislature as opposed to the judicial branch. … If we don’t do that, there’s really not much point to having a legislative body.”

State Senator David Haley (D, KCK) was asked by a KCTV reporter if he agreed this battle was about preserving the legislature’s power to determine how money is used and when it’s used.

“… we need more money to fund our public schools. That’s really what the special session has been about. There are some colleagues in the house that have chosen to make this a question of separation of powers … whether or not the Supreme Count can delegate, or can legislate, if you will, how much specific” spending for education.

KCTV’s reporter: “What do you feel about about that? You didn’t answer my question.”

Haley:

“The primary issue … is to fund public schools for our children. That is to ensure that schools remain open. … We now know that … the Supreme Court … will close our public schools. That’s a threat to every public school child in the State of Kansas. If there are other ancillary issues, like separation of powers, those issues can and should be resolved at an appropriate time, but this special session has and continues to be about education funding … This is not the time” for those other issues.

There hasn’t been an “appropriate time” since 2005 to resolve this separation of powers issue.  The constitutional battle between the Supreme Court and the Legislature was not resolved in 2005, since the Legislature ended up giving in to the Supreme Court.

Now, some like Schools for Fair Funding, may want the Court to order more spending for education even at a time that thousands of Kansans are out of work.

• State Chamber opposes school finance litigation, Dodge City Globe, Sept 22, 2009.
• Suit looms after funding cuts, Topeka Capital-Journal, Sept 22, 2009.
• Schools for Fair Funding meeting in Dodge City, Dodge City Globe, Sept 16, 2009.
• USD 418 BOE says no to Schools for Fair Funding, McPherson Sentinel, Sept 15, 2009.
• Rupe talked to part of BOE, Topeka Capital-Journal, Sept 6, 2006.
• More school cuts will invite trouble, Wichita Eagle editorial, Aug 30, 2009.
• Hutch district joins Fair Funding group, Hays Daily News, Aug 25, 2009.
• Session on cuts draws school reps, Hays Daily News, July 26, 2009.
• $29 cut marks end of school spending rise, Flint Hills Center for Public Policy Investigative Report, June 8, 2009.
• Topeka Capital-Journal fights for open government, Randy Brown, Wichita State, May 11, 2009.
• Voters in 14 schools districts paid $8.24 to $15.97 in taxes to sue Kansas for higher taxes, Kansas Meadowlark, Feb 15, 2006.
• Over $2 MILLION of Kansas Tax Dollars Used by Lobbyists and Attorneys to Sue the State of Kansas to Increase Tax Dollars?, Kansas Meadowlark, Feb 13, 2006.
• School districts struggle to fit funding fight into budget, Lawrence Journal-World, Nov 9, 2005.
• State pays court costs, Topeka Capital-Journal, May 30, 2005.