The Schools For Fair Funding group has filed a motion with the Kansas Supreme Court to reopen the Montoy vs. State of Kansas lawsuit.

The school funding lawsuit, which ordered the Kansas Legislature to spend $800 million more in spending increases for public schools, was dismissed in 2006 after the three-year plan was adopted by the Kansas Legislature.

However, recent spending cuts have prompted school districts to join together in the effort.

"Schools for Fair Funding - in the face of dire financial circumstances to public school children - takes the unusual and historical step of requesting the Kansas Supreme Court to reopen the Montoy decision to assure that Kansas school children will receive the adequate education guaranteed by the Kansas Constitution,"a statement reads from Somers, Robb and Robb in Newton states, the law firm partnering with the organization.

The request to reopen the case stems from one question in the motion – Are the current education funding cuts constitutional?

Three school districts – Kansas City, Kan., Public Schools, Turner Public Schools and Bonner Springs Public Schools – have joined the effort in Wyandotte County. Piper is still discussing the issue.

In the news release, the firm criticizes the state's cuts – which have forced school districts to make numerous position cuts and to scramble around with their own budgets.

The motion contends that the spending was an obligation, not a choice.

"Contrary to Constitutional mandates, these cuts were imposed without any consideration of what it costs school districts to carry out their missions," the statement continues. "The cuts were ordered solely on the basis of inadequate funds in the state treasury. The Kansas Constitution requires the level of funding that was included in the three-year plan. It was not optional for the Legislature to fund the schools to these levels. It was required."
 

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