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In 1966, Kansas voters approved a constitutional amendment that overhauled the way the state's public schools are governed. The most significant change was establishing an elected State Board of Education and an appointed education commissioner who would supervise the state's public schools. Included in that amendment, however, is a 15-word sentence that has been at the heart of multiple school finance lawsuits, including the current case, Gannon v. Kansas: "The legislature shall make suitable provision for finance of the educational interests of the state." In the years since that language was adopted, state courts have said that means the Legislature is primarily responsible for funding public schools and that the funding must be both adequate and equitable. Most recently, in 2014, the Kansas Supreme Court said that to be considered "adequate," funding must be "reasonably calculated to have all Kansas public education students meet or exceed" certain educational outcomes that were spelled out in a 1989 Kentucky school finance lawsuit, Rose v. Council for Better Education, standards now commonly referred to as the "Rose capacities." "It is not possible that the people of the state of Kansas, when they approved suitability, had Rose vs. Kentucky in mind," Schmidt said. Schmidt has been working with a group of legislators, including Senate Majority Leader Jim Denning, R-Overland Park, to draft a proposed amendment to be considered in the upcoming 2018 session. But he cautioned the panel to think of an amendment as a way to control future litigation, not to direct the outcome of the current lawsuit. And although he did not talk about the details of that proposal, he listed several things that he thinks the Legislature should consider, such as specifying what entities should be allowed to challenge a school funding act and what kinds of remedies courts should be allowed to order in such cases. The current school finance case was filed in 2010 shortly after the Legislature and then-Gov. Mark Parkinson, a Democrat, made deep cuts in school funding in the wake of declining state revenues during the Great Recession.
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