In the same five-page order for a hearing on whether the Kansas Legislature has met its constitutional duty to provide equal support for public education, the court also has likely taken itself off the hook for its threat to close public schools on July 1.
Nope, it’s not right at the top of the order that sets a schedule for a hearing on whether the Legislature has, to the satisfaction of the high court, equitably funded capital outlay and supplemental state aid for school districts but down on the last page.
Down on page five, it says, “The briefs should address the remedial action to be ordered, and upon what date it should take effect, if the court were to conclude compliance has not been achieved.”
That’s the key: Did the Legislature’s internal shuffling of money within the school finance formula equalize the state’s aid to school districts—even with the inherently disequalizing “hold harmless” provision—meet the court’s order to deliver equal assistance to all districts, or not?