Kansas Supreme Court

As lawmakers, Kansas judges should be selected democratically

As lawmakers, Kansas judges should be selected democratically

While many believe that judges should not "legislate from the bench," that is, make law themselves, the reality is that lawmaking is a judicial function. In a democracy, lawmakers should be elected under the principle of "one person, one vote." But Kansas, which uses the Missouri Plan for judicial selection to its highest court, violates this principle. A 2012 paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the judicial selection process in Kansas. The paper is titled Originalism, Balanced Legal Realism and Judicial Selection: A Case Study and may be downloaded at no…
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Judicial panel used cherry-picked data in Gannon decision

Judicial panel used cherry-picked data in Gannon decision

From Kansas Policy Institute. Judicial panel used cherry-picked data in Gannon decision By David Dorsey (w)e conclude that the Kansas K-12 school finance formula still stands as constitutionally inadequate by its failure to assure and implement adequate funding to meet and sustain a constitutionally adequate education as a matter of sound expert opinion from those with relevant and reliable expertise and experience with the Kansas K-12 school system.(emphasis added) Thus is the opinion, filed December 30, 2014, from the Shawnee County District Court three-judge panel as tasked by the Kansas Supreme Court pursuant to their decision in Gannon v. Kansas…
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Kansas school finance case based on inadequate standards

Kansas school finance case based on inadequate standards

The just-released Gannon school finance decision in Kansas concludes that not long ago Kansas schools were functioning adequately. But data on Kansas school standards says something else. The court's decision, in its conclusion, states: "At the beginning of FY 2009 (July l, 2008), the evidence established that the Kansas K-12 school system was functioning as a K-12 school system should in order to provide a constitutionally adequate education to Kansas children." It's going to take some time to read and understand the decision, and even longer to see what effect it has on legislation, spending, and most importantly, the wellbeing…
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Kansas school fund balances

Kansas school fund balances

Kansas school fund balances declined this year, but fund balances are still large. As Kansas voters consider school funding, as the Kansas Supreme Court considers ordering more school spending, and as school spending boosters insisting that school spending has been slashed, an inconvenient fact remains constant: Kansas schools don't spend all the money they've been given. Fund balances have been growing until leveling off and dipping slightly this year. I've gathered data about unspent Kansas school funds and presented it as an interactive visualization. You may explore the data yourself by using the visualization. Click here to open the visualization…
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CBPP on Kansas schools and taxes, part 2

From Kansas Policy Institute. Debunking CBPP on tax reform and school funding -- Part 2 By Dave Trabert We continue our debunking of the Center on Budget and Policy Priorities (CBPP) latest report entitled "Lessons for Other States from Kansas' Massive Tax Cuts." Part 1 dealt with state revenues. Today we debunk their claims on school funding and other state services. CBPP claim #2 -- School funding is 17 percent below pre-recession levels and funding for other services is way down and declining. This is simply an outright fabrication -- and not the first time that CBPP has done so. CBPP shows…
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Kansas school spending, contrary to Paul Davis

Claims about school spending made by a Kansas Democratic Party leader don't quite align with facts. It is commonplace for liberal Kansas politicians and newspaper editorial pages to complain about severely cut spending on schools in Kansas. A recent example is Paul Davis in the Wichita Eagle. Nearby is a chart of Kansas school spending (click it for a larger version). It's adjusted for inflation. Spending is not as high as it was at its peak, but Davis' claim of students who "have experienced severe budget cuts" don't match the facts. Now, it's possible that Davis may want readers to…
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Kansas school finance reporting and opinion

There's a range of opinion, that's for sure. Republicans concede bill would let teachers be fired without cause (Wichita Eagle) "Statehouse Republicans are having to abandon a key talking point in their effort to defuse teacher anger over an anti-tenure bill the Legislature passed a week ago, conceding the bill would allow school districts to fire veteran teachers without having to give a reason why. If Gov. Sam Brownback signs the bill into law, teachers would essentially be at-will employees of their school districts and able to challenge termination only if they allege the firing violates their constitutional rights." Click…
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Shame, says Wichita Eagle editorial board

Shame, says Wichita Eagle editorial board

The Wichita Eagle editorial board, under the byline of Rhonda Holman, issued a stern rebuke to the Kansas Legislature for its passage of HB 2506 over the weekend. (Eagle editorial: Shame on Legislature, April 8, 2014) Here are some notes on a few of Holman's points. She wrote that the legislature should not "undermine teachers’ rights and meddle in education policymaking." First: There's controversy over what the bill actually means to the relationship between teachers and their employers. Courts will probably have to intervene. Second: Should the Legislature have a say in policy, or just pay? Then, she criticized the…
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Kansas values, applied to schools

Kansas values, applied to schools

A Kansas public policy advocacy group makes an emotional pitch to petition signers, but signers should first be aware of actual facts. To drum up support for its positions, Kansas Values Institute has started on online petition urging Kansas Governor Sam Brownback to veto HB 2506. Here's the pitch made to potential petition signers: "Governor Brownback has had four years to make schools a priority, but all he has to show for it is classrooms that are over crowded, parents paying rising school fees, and his signature achievement: the largest cut to classrooms in the history of Kansas. The Supreme…
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After Gannon, will Kansas public school spending boosters still love courts and constitutions?

After Gannon, will Kansas public school spending boosters still love courts and constitutions?

Will Kansas Progressives' expressed love for courts and constitutions hold up in light of the school finance decision? In January Paul Davis, a prominent Kansas Democrat and candidate for governor, tweeted "With the school ruling due any day now, will Brownback comply w/the court order or try & rewrite the KS constitution?" These words were followed by a link to Davis' website that copies an article from the New York Times. (That article has its own host of problems, explained in New York Times on Kansas schools, again and More about the New York Times on Kansas school finance.) This…
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