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Regulatory Law Keyed to Shapiro, 4th Ed.
Gannon v. State of Kansas
Citation:
308 Kan. 372, 420 P.3d 477 (2018)Facts
This lawsuit began in 2010 after Kansas started making cuts to education funding that had been established following the Montoy litigation. The Kansas Supreme Court previously held that the legislature’s funding system was constitutionally inadequate in both structure and implementation. In response, the 2017 legislature passed S.B. 19, which enacted the KSEEA, returning to a formula similar to the previous SDFQPA. The Court found S.B. 19 inadequate and identified four equity violations. The 2018 legislature responded with S.B. 423 and S.B. 61, which together would add approximately $854 million in new funding over five years. The State argued it had created a “Montoy safe harbor” plan that would return funding to constitutionally adequate levels by using the 2009-10 school finance formula with a $4,492 base aid amount, adjusted for inflation. The State’s plan calculated that an additional $522 million was needed to reach constitutional adequacy. The Court examined whether this remedial legislation satisfied both adequacy and equity requirements of Article 6.
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