LJWorld.com / High court could rule on schools by June

Archive for Friday, May 14, 2004

May 14, 2004

Topeka — The Kansas Supreme Court probably will rule within three weeks whether to stop a district judge from shutting down public schools, a court official said Thursday.

Shawnee County District Judge Terry Bullock has declared the Kansas school-finance system unconstitutional and discriminatory, and ruled he would stop school funding on June 30 if the Legislature didn't correct the inequities.

On Wednesday, the state filed a request with the Kansas Supreme Court to halt or "stay" Bullock's order.

Next week, the Kansas Supreme Court will start a two-week conference period in which the justices discuss and decide matters before the court.

"I would anticipate at some point (during the conference period) they would consider what they are going to do about that stay," Ron Keefover, the court's education and information officer, said.

After the two-week conference, the court breaks from hearing oral arguments for three months, through August.

"That's the way it has been for 130 years," said Keefover.

Timing is critical in the case.

On Thursday, Gov. Kathleen Sebelius said she may call legislators back into a special session if the state Supreme Court issues an opinion that requires the overhaul of the school finance system.

But, she said, the longer the Supreme Court considers the case, the more likely it is that she will not call a special session and simply wait until the Legislature convenes its 2005 session in January.

If there are no requests for delays in the case, the Supreme Court could hear oral arguments in the school-finance lawsuit Sept. 2, the first date after the justices' summer break.

That would put the court on track to issue an order in the matter on Oct. 15 at the earliest, Keefover said.