Amendment Passes Senate, Fails in House
Jul. 7–TOPEKA — A constitutional amendment preventing the Kansas Supreme Court from closing the state’s public schools won’t make it to the voters.
The Senate late Wednesday passed a resolution calling for the amendment, which was aimed at stopping the courts from using school closings as a remedy in school funding lawsuits. But the House failed to muster the required two-thirds vote for passage, approving it only by a 74-49 count. It needed 84 yes votes to achieve the required two-thirds majority.
The amendment would have been placed on the ballot on Sept. 13 in a special election costing an estimated $1.7 million.
Action on the amendment came in response to Saturday’s announcement by the court that it would hold a hearing Friday to consider closing the schools as a result of the Legislature’s failure to meet a July 1 deadline to add $143 million in funds for schools.
The Senate also took it up as a way to get unity on a school funding package. House leadership had held up the funding because the House lacked support for another amendment that had been linked to the funding.
The Senate had passed an amendment last week that would have given the Legislature sole authority to appropriate money. The House couldn’t muster the two-thirds majority for passage of that measure, either.
The new proposal would have changed a section of Article 6 of the state constitution, which requires the Legislature to provide for intellectual, educational, vocational and scientific improvement by establishing and maintaining public schools, educational institutions and related activities.
The amendment would have added a sentence saying the court can’t close schools, nor prevent their operation, as a result of any violation of the article.
Sen. John Vratil, R-Leawood, who carried the resolution in the Senate, said he wouldn’t have supported a constitutional amendment two weeks ago, but was stunned when the Supreme Court raised the threat of closing the schools on Saturday.
He said the court had other remedies available to it, such as garnishing funds and redirecting funds from one department to another.
“When you think about the consequences of shutting down the school system, that’s something staggering to me,” Vratil said.
But Senate Minority Leader Anthony Hensley, D-Topeka, said the court acted properly in resolving the lawsuit that led to the funding impasse and amendment debates, and argued that amending the constitution in a special session was ill advised.
Others argued the same theme. Rep. Nile Dillmore, D-Wichita, said the Legislature needed to hold more hearings on the issue. The House held none on the amendment, the Senate one, he said.
The school funding measure that passed earlier in the evening contains language intended to prevent the court from closing schools, he said.
“I don’t see the need to bring a sledgehammer to bury it,” Dillmore said.
Proponents argued that an amendment would be more effective than a law at barring the courts from closing schools.
They argued that the amendment was a simple sentence that needed no further study before offering it to voters.
Closing schools was a poor remedy to resolve cases about unsuitable education, they said.
“If I can’t go to school, I can’t get a suitable education,” said Rep. Scott Schwab, R-Olathe.
“We’re simply voting to decide whether or not to let the people have a voice in this critical issue,” Rep. Kenny Wilk, R-Lansing, told the House.
Rep. Jim Ward, D-Wichita, said simple sentences could have unintended and lasting ramifications.
“Do not be fooled by the idea it’s just a simple sentence,” he said. “It will affect people today, tomorrow and in the future.”
_I do not think changing the constitution is anything we should take lightly, she said.
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