The Kansas Supreme Court shot down a request today from Schools for Fair Funding to reopen the Montoy v. State of Kansas school finance case, which initially resulted a three-phase funding increase last decade.

The court dismissed the motion on Friday. Kansas Chief Justice Robert Davis said reopening the case would exhibit an "extraordinary power to be used as a last resort."

"It should only be used to accomplish something that, without it, cannot otherwise be remedied," he said in his opinion. "That is not the situation here. We conclude that the circumstances do not warrant recalling the mandate dismissing this case."

John Robb, an attorney who represents the Schools for Fair Funding group, told TheTopeka Capital-Journal that the issue is not dead .

"The problem still exists," he told the newspaper. "The cuts will affect a generation of Kansas kids."

Cuts to this year's education budget at the state have dropped the base state aid per pupil rate to $4,012 this year after it had been $4,400 in 2008.

A sixth cut, likely around the corner, could take funding levels to the 1999-00 school year.

Still, Kansas Attorney General Steve Six said the court's move was the right one.

“We’re pleased with the court’s decision not to reopen the Montoy case," Six said. "The court agreed with the state’s argument that a new case is required for any constitutional challenge to the current funding formula. If a new case is filed, I am ready to defend it."

"Our children’s education is critical to the prosperity of our state," he added. "I encourage lawmakers to limit cuts to schools and find a responsible solution to our state’s budget challenges.”

Davis concluded in his opinion that even if the case was reopened, new litigation would likely have to be filed.

The Kansas Supreme Court is expected to make a decision on a motion to re-open the Ryan Montoy et al. v. State of Kansas education funding case tomorrow.

The filing is targeted for 9:30 a.m. on Friday.

Schools for Fair Funding, an organization of school districts seeking more funding for districts in Kansas, made a request to re-open the case following five budget cuts from the state this fiscal year.

The Kansas Supreme Court ruled in 2006 the state had to invest $1 billion additional dollars over a multi-phased period.

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."
 

(MORE SOON)

The Piper School District was not part of the effort the last time "Schools for Fair Funding" sued the state in an effort to increase funding for public education.

However, if a lawsuit is introduced this time, the Piper Board of Education may be a part of it this go around.

Board members discussed the possibility of joining the non-profit organization, which sued the state back in 1999. However, there is a catch in a budget crunch school year – it costs the district $2 a student to join.

That part of the equation divided some board members on whether or not Piper should be apart of a potential lawsuit, which Superintendent Steve Adams said is likely.

"It's a message we need to send to Topeka and our own legislators," said Ron Kaminski, board president. "We just have to send a message to Topeka."

Meanwhile, board member Neal Palmer questions the investment of the district during a tough economic time, along with the fact that it might be an on-going situation for a few years.

"Nobody will change what's going on in Topeka," he said. "We have a lame duck governor who has no insensitive to do much right now."

Board member Abe Glaser said the district should join the effort out of principal.

With more expected budget cuts coming, the issue of school funding has unified larger and smaller districts, Adams said.

"This year (a potential lawsuit) is going to be inadequacy across the board," Adams said.

The item was an action item on Monday's agenda, but was tabled by board members until at least next month.