Judge shuts down all public schools for fall
Kansas public schools must close its doors this fall to fix constitutional flaws in its system for distributing aid to schools.
This order came Tuesday morning from Shawnee County District Judge Terry Bullock. The case already is under appeal to the Kansas Supreme Court.
"This action by the court will terminate all spending functions under the unconstitutional funding provisions, effectively putting our school system on 'pause' until the unconstitutional funding defects are remedied by the legislature and executive branches of our government," Bullock wrote in Tuesday's order.
He continued, "Although this action may delay our children's education slightly (should the other branches fail to respond quickly), it will end the inadequate and inequitable education being provided now and the disparate damage presently being done to the most vulnerable of our children."
A restraining order preventing the spending of any money after June 30 is expected to follow the judge's order.
The state board of education said an appeal will be filed quickly, and could stay Bullock's order past the start of the new school year. The order does not affect the current academic year concluding this month.
Gerry Henderson, Marion-Florence USD 408 superintendent, said he was not surprised with the judge's ruling.
"My first reaction is lack of surprise," Henderson said. "I'm not surprised that he was this quick to respond to legislative inaction."
Henderson said if he would be surprised if there was not some response from the legislature.
"I'm no attorney, but I'm going to be surprised if the legislature continues to thumb its nose at Judge Bullock and the entire judicial system," Henderson said. "They're going to find he has more remedies than they know of."
Henderson said the school district will follow the court order.
"Short of any stays, we will obey the ruling," Henderson said.
The most detrimental affect will be on the hourly school staff. The ruling will not allow any expenses, including payroll expenses.
"Under the law, our teaching staff can draw a payroll check under this contract year through August," Henderson said. "But not support staff. We will not have the authority to pay them, should the order stay as is."
This order also will affect summer school, and transportation the school district provides for Marion swim team and Prairie View summer camp.
"Summer school classes provide a much-needed service to students who need the extra help," Henderson explained. "This will put those students that much further behind."
Henderson was not sure if it will affect capital outlay expenditures.
"We were planning to put a new roof on the elementary school this summer with capital outlay funds," said Henderson.
This situation has not previously occurred in Kansas, reported Henderson, but he did recall it happening in Kansas City, Missouri.
"A judge there took over the schools," Henderson recalled. "He did not solve the problems."
Henderson said there are some things going on in the legislature that need to be fixed and are deserving of a judicial review.
"At first, Judge Bullock said there wasn't anything to look at," Henderson said. "But the supreme court said 'yes there is.' He's had a chance to give this a good, hard look."
In Henderson's opinion, Bullock has given the legislature plenty of opportunities to correct the situation.
"He's saying to the legislature, 'you've had your chance'."
