Lawmakers Are Unable to Agree on Plan, Take Break Until Wednesday

Jul. 3–TOPEKA – Lawmakers adjourned the special session on school funding for three days Saturday evening, five hours after the Kansas Supreme Court said it was prepared to close schools if the Legislature fails to act.

The court ordered lawyers for the state to appear Friday to argue why the court should not halt school funding under a law it has declared unconstitutional.

Its order came as lawmakers remained deadlocked on the 11th day of the special session and brought no school funding proposals to a vote. In effect, it extended by a week the deadline to end the session.

“That is the reality of it,” House Speaker Doug Mays said moments after the House adjourned.

The court had given the Legislature until Friday to comply with its June 3 order to raise an additional $143 million for schools.

The House remains sharply divided over whether to pass a constitutional amendment in response to that order. The ruling came in a lawsuit, filed six years earlier, claiming schools with large numbers of at-risk, bilingual and special education students are underfunded.

A plan negotiators put together Saturday would add $148.5 million for schools, if lawmakers also pass a constitutional amendment that would block the court from closing schools as a result of a lawsuit.

House Democrats have opposed passing any constitutional amendment during the special session and have enough votes to prevent a two-thirds majority. An amendment also would require voter approval.

In Wichita, school board president Lynn Rogers blamed the House leadership for “where we are now,” and said legislators need to focus on school finance only.

“I’m hoping we won’t be here in another 10 days,” he said. “I’m hoping they’ll do their work…. Anyone else when told to do something by the courts, does it.”

He said that if schools are shut down, it would be difficult for parents to adapt their schedules and for kids to catch up on lost time.

“I don’t want our kids’ education to come down to a game of chicken,” he said.

At the Statehouse, Democrats criticized Saturday’s decision to adjourn until 11 a.m. Wednesday.

“I truly believe we have 63 votes (a majority in the House) to pass a bipartisan plan and please the court and keep schools open,” said Rep. Jim Ward of Wichita, the assistant Democratic leader in the House.

Leaders of both parties in the Senate were disappointed that House leaders chose to adjourn.

“I wish we’d just forged ahead and got this done tonight,” said Senate Majority Leader Derek Schmidt.

Senate Democratic leader Anthony Hensley faulted Mays for blocking the bipartisan plan in the House.

Mays, however, said lawmakers needed a break after 11 straight days. Because of several events in Topeka, some members had to vacate their motel rooms this weekend.

Two representatives slept overnight on a balcony above the House chamber, Mays said. Several had already left before Saturday’s adjournment.

“We finally faced reality,” Mays said. “When you’re so sleep-deprived and worn out, people get emotional.”

Gov. Kathleen Sebelius, who praised lawmakers earlier in the day for continuing to work on school funding, declined through a spokeswoman to comment in the decision to adjourn.

Many lawmakers contend the court overstepped its authority in ordering a specific amount of additional school funding.

The court said it chose “a traditional judicial remedy” of ordering a halt to an unconstitutional law, showing that the court “clearly respects the separation of powers between the legislative and judicial branches.”

Attorney General Phill Kline is urging lawmakers to authorize a full year’s funding on paper now — effectively telling school districts they can have it — in an attempt to circumvent a court order to block school funding.

Dan Biles, a lawyer for the State Board of Education, contends that the move will not be effective.

“They’re going to restrain expenditures at the local level,” he said.

Nevertheless, the board has scheduled a meeting with Kline at 9 a.m. Tuesday to discuss the matter.

Both chambers of the Legislature were in recess when court spokesman Ron Keefover released the order at 2 p.m.

Lawmakers began streaming across the street from the Capitol to the steps outside the Judicial Center at about 1:45 p.m. to get copies of the order.

“I think this shows the court hasn’t been fooled or been afraid of our blustering across the street and they mean business,” said Sen. Jean Schodorf, a Wichita Republican who chairs the Senate Education Committee.

But the court’s order was met with relief. Some had expected the court to proceed with shutting schools, the judicial remedy it had hinted in its earlier order.

“The court has given us time, depending on what we’re able to accomplish in the next day or two, to resolve this matter and basically make the hearing on the 8th unnecessary,” Sen. Phil Journey, R-Haysville, said earlier in the day .

He added, however, “It does appear to be an overt threat to shut the schools down.”

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