Kansas Supreme Court denies request from State Board of Education to file brief in Gannon case

The Kansas Supreme Court on Friday denied an application from the State Board of Education to file an amicus legal brief supporting the funding portion of SB 16 in the Gannon school finance lawsuit.

The court noted such applications must be made 30 days before oral arguments in the case, which is scheduled for May 9. The board submitted the application Thursday, saying it didn’t have a chance to decide to seek application until its monthly meeting on Tuesday. The court denied a similar request from Gov. Laura Kelly for the same reason.

The funding plan eventually adopted by the Legislature and signed into law by Kelly was based on a recommendation that originally came from the State Board.

SB 16 would provide approximately $90 million in additional funding next year and sustain that increase for four years to address an earlier court ruling to include an inflation factor. Plaintiff school districts say the increase is $270 million short of what the court has said was needed.

The plaintiff school districts opposed both the governor and State Board motions to file legal briefs, arguing that their interests were already represented in filings by state attorneys in the case.

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