Judge shuts down all public schools for fall
Superintendent Mohn responds to Bullock's action
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.
Kansas Attorney General Phill Kline said Tuesday afternoon school districts aren't shutting down.
"Everyone needs to take a deep breath," Kline said. "There is a process and we are following that process."
Gordon Mohn, superintendent of Durham-Hillsboro-Lehigh USD 410, said Judge Bullock did what was expected.
"The legislature ignored the judicial ruling," Mohn said. "I don't know what the legislature expected."
If schools are required to stop writing checks on July 1, various summer projects will not be completed.
Mohn's main concern is payroll. Custodial and office staff and administration work all summer. These employees would not be paid after June 30, if no action is taken in time.
Mohn does not see this as Bullock's problem.
"This is the legislature's problem, not the judge's problem," Mohn explained. He noted the legislators need to get in touch with the public.
Mohn noted, as he understands it, some of the proposed tax increases were minute.
"For a family for four, making $40,000 a year, the tax increase would be $10 a month," Mohn said. "Most of the people in Hillsboro would be willing to pay $10 a month for better education."
A power struggle may ensue, said Mohn, if the supreme court upholds Bullock's ruling.
"There will be a tremendous power struggle in Kansas government," Mohn said. "Can the court force the legislature to increase funding to schools? Are they in contempt of court and go to jail if they don't?"
Mohn said he thinks things will stay in place until the supreme court rules.
"I think there will be some action before June 30 to prevent this from happening," Mohn said. "The state just can't allow this to happen."
