Tag Archives: Kansas Supreme Court

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Kansas school fund balances

Kansas school fund balances declined this year, but fund balances are still large.

As Kansas voters consider school funding, as the Kansas Supreme Court considers ordering more school spending, and as school spending boosters insisting that school spending has been slashed, an inconvenient fact remains constant: Kansas schools don’t spend all the money they’ve been given. Fund balances have been growing until leveling off and dipping slightly this year.

I’ve gathered data about unspent Kansas school funds and presented it as an interactive visualization. You may explore the data yourself by using the visualization. Click here to open the visualization in a new window. Data is from Kansas State Department of Education. Visualization created using Tableau Public.

Unspent Kansas school fund balances. All funds on top; all funds less bond and capital below.
Unspent Kansas school fund balances. All funds on top; all funds less bond and capital below.

CBPP on Kansas schools and taxes, part 2

From Kansas Policy Institute.

Debunking CBPP on tax reform and school funding — Part 2

By Dave Trabert

We continue our debunking of the Center on Budget and Policy Priorities (CBPP) latest report entitled “Lessons for Other States from Kansas’ Massive Tax Cuts.” Part 1 dealt with state revenues. Today we debunk their claims on school funding and other state services.

CBPP claim #2 — School funding is 17 percent below pre-recession levels and funding for other services is way down and declining.

This is simply an outright fabrication — and not the first time that CBPP has done so. CBPP shows a graph of how they calculate what they claim is a reduction in school funding but, true to form, they provide no supporting data. The only source provided says “CBPP analysis of state budget documents and Kansas Governor’s Budget Reports.” CBPP routinely plays this game and they have refused to give us their data every time we requested it. I’ll get to school funding shortly but let’s start debunking this claim with a total spending review.

Here are the facts from the Governor’s Budget Reports cited by CBPP.[1] General Fund spending would decline a mere 1.8 percent this year (FY 2014) but it is still 6.3% higher than just three years ago. Next year, Kansas will set a new record for General Fund spending without even counting the education money that was just added to next year’s budget. Fiscal year 2013 was the highest level of General Fund spending on record.

The next table breaks total spending down into the primary functions listed in the Governor’s Budget Reports.

Of course, Kansas should have reduced spending last year and this year rather than spend down reserves but the fact remains that spending is not “way down and declining” as claimed by CBPP.

Their bogus claim on school funding may be grounded in an earlier collection of falsehoods published last year — and thoroughly debunked on this blog. CBPP often makes unsubstantiated claims which they attribute to their “analysis of data” but the data is not made available for review — even when requested.

The first thing to understand is that CBPP deliberately misleads readers by only talking about state funding of schools while ignoring the fact that Kansas, like many states, has a foundational funding formula that provides multiple funding sources, including local money that does not flow through the state budget.

But that is just the beginning of the deception. Their statement that “Kansas is still cutting school funding” on page four of their report is an outright lie.

This data provided by the Kansas Department of Education shows that State funding of public education has increased for four consecutive years.[2]  As CBPP is fully aware, one cannot get the full picture of school funding in state budget documents; the money reported as Local funding is provided on state authority but doesn’t run through the state budget.[3] Property taxes (including the 20 mills mandated by the Legislature) are sent directly to school districts by county treasurers.[4] Even the Kansas Supreme Court acknowledged (three weeks before CBPP’s report) that “… funds from all available resources, including grants and federal assistance, should be considered” when evaluating school funding.[5]

The following inflation comparisons are based on total school funding from the adjacent chart and shown on a per-pupil basis to also account for enrollment changes. The first comparison shows that actual school funding continues to run well ahead of inflation. Per-pupil funding increased from $6,985 per-pupil in 1998 to $12,781 in 2013; 1998 funding adjusted for inflation would be only $9,768. (Funding for the Kansas Public Employees Retirement System was not included in KSDE calculations of school funding until 2005; they provided the data for prior years and we adjusted spending accordingly.)


CBPP claims that school funding has not kept up with inflation since 2008 but that is misleading at best. Again, they provided no data to support their claim but we’ll lay it all out here.

Note that every chart shown above references “spending” instead of “funding.” KSDE arrives at their Local number each by subtracting State and Federal aid from districts’ reports of total expenditures. Total expenditures is different from total funding because districts report on a cash-basis fund accounting method and those figures do not reflect any aid received that was not spent. That information can be obtained by comparing the change in ending unencumbered cash balances of districts’ operating funds (excluding capital and debt).[6]

The above table shows that total inflation-adjusted spending between 2008 and 2013 was $85.3 million greater than actual spending, but districts could have spent $345.9 million more if they had used all of the aid provided during those years.

It should also be noted that school spending is not based on what schools need to meet required outcomes while also making efficient use of taxpayer money. To this day, not a single superintendent, legislator, KSDE employee, policy analyst or judge can identify that amount because no such analysis has been performed in Kansas. The cost study upon which previous court rulings were made was found to be deliberately skewed so as to provide the courts with inflated numbers.[7] The Kansas Supreme Court also recently abandoned the “actual cost” method of determining adequate funding in Gannon and substituted new standards (Rose), against which no cost or funding measurement has been conducted.[8]

In conclusion, CBPP’s claims about school funding in particular and state funding of services in general are merely a collection of false, misleading and inconsequential statements.

Kansas does need to reduce spending a bit in the coming years in preparation for the next tranche of tax reduction but there is ample ability to do so without reducing current services. There are tax transfers out of the General Fund that should be reconsidered and there are also multiple opportunities to significantly reduce the cost of providing current services.

The opportunities are there, and we’ll cover them separately in the coming months. The only question is whether Governor Brownback and a majority of legislators will stand up to the bureaucracy and special interests.
Stay tuned for Part 3.


[1] Kansas Division of the Budget, Governor’s Budget Report for FY 2015 published January, 2014, page 22 at http://budget.ks.gov/publications/FY2015/FY2015_GBR_Vol1–UPDATED–01-28-2014.pdf
[2] Kansas Department of Education; school years 2003-04 through 2012-13 located at http://www.ksde.org/Portals/0/School%20Finance/data_warehouse/total_expenditures/d0Stateexp.pdf. All other years provided by KSDE via email; copies in author’s possession.
[3] CBPP published a response to my September 13, 2013 blog post that provided this explanation. http://www.offthechartsblog.org/the-price-of-kansas-costly-tax-cuts/
[4] Explanation of property tax distribution with a quote from Dale Dennis at http://www.kansaspolicy.org/KPIBlog/Default.aspx?min=2013-01-01&max=2014-01-01.
[5] Gannon v. State of Kansas, page 77 at http://www.kscourts.org/Cases-and-Opinions/opinions/SupCt/2014/20140307/109335.pdf
[6] See KSDE explanation at the link for Endnote #2.
[7] Caleb Stegall, “Analysis of Montoy v. State of Kansas” published by Kansas Policy Institute in 2009 at http://www.kansaspolicy.org/ResearchCenters/Education/Studies/d65168.aspx?type=view
[8] Ibid, pages 76 and 77.

Kansas school spending, contrary to Paul Davis

Claims about school spending made by a Kansas Democratic Party leader don’t quite align with facts.

It is commonplace for liberal Kansas politicians and newspaper editorial pages to complain about severely cut spending on schools in Kansas. A recent example is Paul Davis in the Wichita Eagle.

kansas-school-spending-per-student-2013-10-chart-01Nearby is a chart of Kansas school spending (click it for a larger version). It’s adjusted for inflation. Spending is not as high as it was at its peak, but Davis’ claim of students who “have experienced severe budget cuts” don’t match the facts.

Now, it’s possible that Davis may want readers to consider only a portion of school spending, that being base state aid per pupil. It’s the starting point for the Kansas school finance formula, and therefore an important number.

Ratios of school spending to base state aid.
Ratios of school spending to base state aid.
Base state aid per pupil has fallen in recent years. Because of this, public school spending advocates claim that spending has been cut. But that’s not the case. As shown in the nearby chart, there has been a steady increase in measures of school spending when compared to base state aid.

In the last school year base state aid per pupil was $3,838. That’s the figure often used as the level of school spending. But in that year total Kansas state spending per pupil $6,984, or 1.82 times base state aid. Adding local and federal sources, spending was $12,781 per student, or 3.33 times base state aid.

Considering Kansas state spending only, the ratio of state spending to base state aid was 1.10 in 1998. By 2013 that ratio had risen to 1.82, an increase of 65 percent for the ratio. For total spending, the ratio rose from 1.86 to 3.33 over the same period, an increase of 79 percent.

What’s important to realize is that the nature of Kansas school funding has changed in a way that makes base state aid per pupil less important as an indicator of school spending.

Kansas Judicial Center
Kansas Judicial Center
The Kansas Supreme Court had something to say about this in its recent Gannon opinion that sent part of the case back to the lower court with instructions: All funding sources are to be considered: “In the panel’s assessment, funds from all available resources, including grants and federal assistance, should be considered.”

I wonder: Those who call for a return to the level of base state aid of 20 years ago (adjusted for inflation, of course): Would they also accept returning to the same ratios of total spending to base state aid?

Kansas school finance reporting and opinion

school-crayons-colored-pencils-168392There’s a range of opinion, that’s for sure.

Republicans concede bill would let teachers be fired without cause (Wichita Eagle)
“Statehouse Republicans are having to abandon a key talking point in their effort to defuse teacher anger over an anti-tenure bill the Legislature passed a week ago, conceding the bill would allow school districts to fire veteran teachers without having to give a reason why. If Gov. Sam Brownback signs the bill into law, teachers would essentially be at-will employees of their school districts and able to challenge termination only if they allege the firing violates their constitutional rights.” Click here to read.

Kansas bill renews debate about how easy it should be to fire teachers (Kansas City Star)
There is a diversity of opinion, much conflicting, it seems: “It’s not too damn hard to fire a teacher,” said Marcus Baltzell, the director of communications for the Kansas National Education Association. “It’s just that the teacher has a redress of due process, a hearing officer, (a chance to say) ‘Here’s my take. Here’s what we’ve done to address the area of concern, and I believe this is unfair.'” … “Lawmakers who backed the change — it becomes law if Gov. Sam Brownback signs it — argued that dumping dead weight from the faculty has become harder than it ought to be.” … “I don’t like tenure. I never have,” said Rep. Ward Cassidy, a Republican from northwest Kansas who worked as a high school principal for 20 years. “Good principals have a whole lot of other things to do besides going through all you need to fire a teacher.” Click here to read.

In Wichita, Brownback neither praises nor criticizes measure stripping K-12 teacher tenure rights (Wichita Eagle)
“… most questions he was asked after his short talk concerned a provision to strip veteran K-12 teachers of tenure rights in the recently passed public school financing bill, which he said he has not decided whether to sign. And while he didn’t criticize that provision, he didn’t endorse it either.” Click here to read.

In Kansas, education is all about money and politics for UMEEA (Kansas Policy Institute)
“Media reaction to the school finance legislation has been pretty predictable. It focuses almost exclusively on institutions and ignores the impact on students. As usual, it’s all about money and politics. Unions, media and their allies in the education establishment (UMEEA) oppose tax credit scholarships for low income students. They rail against taxpayer money going to private schools and how that might mean a little less money for public institutions but ignore the very real purpose and need for the program. (FYI, the scholarship program is capped at $10 million; schools are expected to spend almost $6 billion this year.) Achievement gaps for low income students are large and getting worse, despite the fact that At Risk funding intended to improve outcomes increased seven-fold over the last eight years. So predictably, a program to give an alternative to low income students in the 99 lowest-performing schools is attacked by UMEEA as being unfair to institutions. Media and their establishment friends don’t even make a token mention of the serious achievement problem. It’s all about money and politics.” Click here to read.

Far-Right Kansas Legislature Sells Out Kansas Schools (Kansas Democratic Party)
“But none of these stories could compete with what the Kansas Legislature did to Kansas public schools. Under the cover of night and with virtually no debate or hearings, the Kansas Legislature forced through an education “reform” bill that stripped teachers of due process rights, passed out even more tax breaks to corporations, and potentially widened the disparity between rich schools and poor schools. School districts say new school finance bill will widen disparities.” Click here to read.

Opinion: Public education under attack (Lawrence Journal-World)
“The inclusion of these so-called “policy” provisions in the school finance bill passed by the Legislature are a mistake and will actually harm the very schools that the Kansas Supreme Court sought to assist. This is just one more step in the Legislature’s assault on public K-12 education in Kansas.” Click here to read.

Teachers are sacrificial lambs in school finance (Iola Register via High Plains Daily Leader and Southwest Daily Times)
A confused editorial. The writer says that teachers are held accountable to, among others, school administrators, but usually it is claimed that teachers need defense from this accountability. “The defense of tenure is at its best when you consider a teacher is accountable to hundreds of ‘bosses’ — parents and school boards as well as administrators.” Click here to read.

Selling education (Hutchinson News)
“Two elements of the bill are particularly troubling. One creates a $10 million-a-year corporate welfare program in support of private education. It allows large companies to enjoy a 70-percent credit against their state tax liability if they offer scholarships to at-risk students who move to private schools. This has nothing at all to do with public education equity; rather it creates a mechanism to damage the finance structure for public schools. The second concerning component redefines “teacher” as a way to eliminate due process protections. And the concept of teacher tenure is a myth. The current due process for teachers simply ensures a written termination notice and the right to challenge the decision through review by a hearing officer. In fact the Kansas Association of School Boards reported that the state sees about 10 due process claims each year – hardly a number that indicates a systemic problem that requires legislative action. The measure is little more than a way to break the teachers’ union and silence those teachers who honestly educate and advocate for their students.” Click here to read.

Richard Crowson: We Need Some Education (KMUW)
“And that guy who was smiling and joking with me in the checkout line at the grocery last Saturday? He lit a firebomb, taped a tax credit for private school supporters on it, and flung it through the window of a first grade classroom in the wee hours of Sunday morning.” Click here to read.

Rep. Rooker ‘heartsick’ over results of education finance bill (Prairie Village Post)
Small steps towards Kansas education reform are “immoral” and make this representative “heartsick.” Click here to read.

Shame, says Wichita Eagle editorial board (Voice for Liberty)
The Wichita Eagle editorial board, under the byline of Rhonda Holman, issued a stern rebuke to the Kansas Legislature for its passage of HB 2506 over the weekend. Click here to read.

Shame on Legislature - Rhonda Holman

Shame, says Wichita Eagle editorial board

Shame on Legislature - Rhonda HolmanThe Wichita Eagle editorial board, under the byline of Rhonda Holman, issued a stern rebuke to the Kansas Legislature for its passage of HB 2506 over the weekend. (Eagle editorial: Shame on Legislature, April 8, 2014)

Here are some notes on a few of Holman’s points.

She wrote that the legislature should not “undermine teachers’ rights and meddle in education policymaking.” First: There’s controversy over what the bill actually means to the relationship between teachers and their employers. Courts will probably have to intervene. Second: Should the Legislature have a say in policy, or just pay?

Then, she criticized the bill as “passed with only Republican votes” on a “Sunday night.” This reminded me of the passage of the Patient Protection and Affordable Care Act (Obamacare) in the United States Senate. At the time, The Hill reported: “The Senate approved sweeping healthcare reform legislation by the narrowest of partisan margins early Christmas Eve morning” (Senate passes historic healthcare reform legislation in 60-39 vote) That’s right: Votes from only one party, and on Christmas Eve.

Later in her op-ed Holman complained: “With such handling of the various bills, GOP legislative leaders also failed to reflect Brownback’s State of the State assertion that the ‘wonderfully untidy’ business of appropriations is ‘open for all to see.’ They held a conference committee meeting at 3 a.m. Sunday — after media, most legislators and the teachers had left the Statehouse for the night, and with insufficient public notice.” Reading this, I was again reminded of the passage of Obamacare, when Speaker Nancy Pelosi made her famous explanation as reported by Politico:

“You’ve heard about the controversies, the process about the bill .. but I don’t know if you’ve heard that it is legislation for the future — not just about health care for America, but about a healthier America,” she told the National Association of Counties annual legislative conference, which has drawn about 2,000 local officials to Washington. “But we have to pass the bill so that you can find out what is in it — away from the fog of the controversy.”

On the expansion of innovative districts, Holman wrote: “Nobody even knows whether the new ‘innovative districts’ program will work or is constitutional,” calling it an “accountability-free concept.” Well, we know that an important provision of the Patient Protection and Affordable Care Act (Obamacare) was ruled unconstitutional (the expansion of Medicaid), and Chief Justice John Roberts had to torture logic and the plain meaning of words in order to shoehorn the individual mandate into the Constitution.

I’m not saying that I approve of the way the Kansas Legislature approved this bill. But if it worked for Obamacare, and if Rhonda Holman and the Wichita Eagle editorial board like Obamacare (they do), well, you can draw your own conclusions.

Also, Holman complained of “unproven ideological reforms” contained in the Kansas school legislation. Two things: First, we know that the present system of public education in Kansas is not working for many children. For example, if we critically examine the National Assessment of Educational Progress test scores that Kansans are so proud of, we find that for some groups of students, the national public school average beats or ties Kansas.

Or, if we read the National Center for Education Statistics report Mapping State Proficiency Standards Onto the NAEP Scales, we can learn that Kansas has relatively low standards for its schools, and when Kansas was spending more on schools due to the Montoy decision from the Kansas Supreme Court, the state lowered the standards.

ideology-definitionI’m of the opinion that whenever someone criticizes their opponents as ideological — as the Wichita Eagle editorial board has — they don’t have a very good argument. They’re likely confusing ideology with partisanship. The Wikipedia entry for ideology says: “An ideology is a set of conscious and unconscious ideas that constitute one’s goals, expectations, and actions. An ideology is a comprehensive vision, a way of looking at things. … Ideologies are systems of abstract thought applied to public matters and thus make this concept central to politics. Implicitly every political or economic tendency entails an ideology whether or not it is propounded as an explicit system of thought.”

I wish the Eagle editorial board was more ideological. If it firmly believed in economic freedom, free markets, limited government, and individual liberty — that’s an ideology we could live with, and Kansas schoolchildren could thrive under.

Instead, we’re left with the Wichita Eagle editorial board’s ideology of less educational freedom and less accountability to those who pay the bills and parent the students.

Kansas Flint Hills

Kansas values, applied to schools

A Kansas public policy advocacy group makes an emotional pitch to petition signers, but signers should first be aware of actual facts.

To drum up support for its positions, Kansas Values Institute has started on online petition urging Kansas Governor Sam Brownback to veto HB 2506. Here’s the pitch made to potential petition signers:

“Governor Brownback has had four years to make schools a priority, but all he has to show for it is classrooms that are over crowded, parents paying rising school fees, and his signature achievement: the largest cut to classrooms in the history of Kansas. The Supreme Court’s ruling gave the Governor a chance to correct his course.”

Now, the governor has not necessarily been a friend of education, if by that we mean Kansas schoolchildren and parents. His lack of advocacy for school choice programs stands out from the progress that other Republican governors have made in their states. See The Year of School Choice and 2013: Yet Another ‘Year of School Choice.’

Kansas school spending, per student, from state, local, and federal sources, adjusted for inflation.
Kansas school spending, per student, from state, local, and federal sources, adjusted for inflation.
But we ought to hold public discourse like this to a certain standard, and the pitch made by Kansas Values Institute deserves examination.

Kansas school spending, per student, adjusted for inflation. While base state aid per pupil has declined, state and total spending has remained steady after declining during the recession.
Kansas school spending, per student, adjusted for inflation. While base state aid per pupil has declined, state and total spending has remained steady after declining during the recession.
With regard to school funding, cuts were made by Brownback’s predecessors. Since he became governor, funding is pretty level, on a per student basis adjusted for inflation. It’s true that base state aid per pupil has declined due to the cuts made by governors before Brownback. But state and total funding has been steady since then.

Nonetheless, some people insist on using base state aid as the measure of school spending. They make this argument even though total Kansas state spending per pupil the past year was $6,984, or 1.82 times base state aid of $3,838. Adding local and federal sources, spending was $12,781 per student, or 3.33 times base state aid.

Ratios of school spending to base state aid.
Ratios of school spending to base state aid.
Further, as can be seen in the nearby chart, there has been a steady increase in the ratios of state and total school spending to base state aid.

This is important, as the Kansas Supreme Court issued some instructions in the recent Gannon decision when it remanded part the case to the lower court. The Court said all funding sources are to be considered: “In the panel’s assessment, funds from all available resources, including grants and federal assistance, should be considered.” This will certainly test the faith in courts that school spending boosters have proclaimed.

So the claims of the present governor being responsible for “the largest cut to classrooms in the history of Kansas” is false.

Then, what about “classrooms that are over crowded”? Kansas State Department of Education has data on this topic, sort of. KSDE provides the number of employees in school districts and the number of students. I obtained and analyzed this data. I found that the situation is not the same in every school district. But considering the entire state, two trends emerge. For the past two years, the number of teachers employed in Kansas public schools has risen. Correspondingly, the pupil-teacher ratio has fallen.

Kansas school employment ratios

The trend for certified employees is a year behind that of teachers, but for the last year, the number of certified employees has risen, and the ratio of these employees to pupils has fallen.

There’s also a video explaining these statistics. Click here to view it at YouTube. Others have noticed discrepancies in school job claims. See Kansas school employment: Mainstream media notices.

In its pitch, Kansas Values Institute complain that class sizes in Kansas schools are rising. The data that we have, which is the ratio of teachers to pupils, is not the same statistic as class size. They measure different things. But if Kansas schools, considered as a whole, have rising teacher and certified employment levels and the pupil to teacher ratio is decreasing, and at the same time class sizes are increasing — we have to wonder about the management of schools. What are schools doing with these new employees?

As far as I know, no one tracks school district fees across the state. I’d welcome learning of such data.

But regarding data we do have, we see that Kansas Values Institute is either not paying attention, or simply doesn’t care about truthfulness.

I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts. Click here for the visualization of employment levels. Click here for the visualization of ratios (pupil-teacher and pupil-certified employee). Data is from Kansas State Department of Education. Visualization created by myself using Tableau Public.

school-chalk-178345

After Gannon, will Kansas public school spending boosters still love courts and constitutions?

Will Kansas Progressives’ expressed love for courts and constitutions hold up in light of the school finance decision?

In January Paul Davis, a prominent Kansas Democrat and candidate for governor, tweeted “With the school ruling due any day now, will Brownback comply w/the court order or try & rewrite the KS constitution?” These words were followed by a link to Davis’ website that copies an article from the New York Times. (That article has its own host of problems, explained in New York Times on Kansas schools, again and More about the New York Times on Kansas school finance.)

paul-davis-tweet-comply-court-2014-01-12This mantra — that the Kansas Constitution requires the legislature to spend more on public schools — has been the drumbeat of Kansas Progressives. Their reverence for and deference to the Kansas Constitution is curious in light of their opinion of the United States Constitution.

The Kansas Supreme Court’s decision in Gannon v. Kansas contains something that Kansas Progressives support: A ruling that Kansas schools are not funded equitably. It’s thought by many that $129 million in extra spending is needed to fix the discrepancy.

But the Supreme Court stopped there, sending the issue of adequate funding back to the lower court along with a few instructions. It’s these instructions that will test Kansas Progressives’ belief in the wisdom of courts and their reverence for the Kansas Constitution.

Kansas public school spending supporters — that right there gives away their main motivation — want more school spending. Whatever distortions of facts they make, well, it’s all for the kids, don’t you know?

So right away the public school spending supporters want to deflect attention away from the performance of Kansas schools. Spending is easier to talk about, and the facts about Kansas school performance is not nearly as pretty as the education establishment wants you to believe. Two things to know: When evaluated in the light of the demographic differences between Kansas and other states, the performance advantage of Kansas largely disappears (see Kansas school test scores must be evaluated considering demographics. Further, Kansas has weak standards for its schools, and further weakened them not long ago (see Why are Kansas school standards so low?).

Kansas Judicial Center
Kansas Judicial Center
The Court had something to say about this in its opinion: “Regardless of the source or amount of funding, total spending is not the touchstone for adequacy in education required by Article 6 of the Kansas Constitution.” So perhaps we will see a court consider the results of Kansas schools rather than just the inputs.

Then, when we consider spending, the public school spending establishment performs a slight of hand, directing attention to only a portion of spending on schools: base state aid per pupil. That measure of spending has declined. But it’s a narrow measure. In the last school year base state aid per pupil was $3,838. That’s the figure often used as the level of school spending. But in that year total Kansas state spending per pupil $6,984, or 1.82 times base state aid.

Adding local and federal sources, spending was $12,781 per student, or 3.33 times base state aid.

This is important, as the Court issued some instructions in its remanding of the case to the lower court. All funding sources are to be considered: “In the panel’s assessment, funds from all available resources, including grants and federal assistance, should be considered.”

Also, the public school spending establishment has argued that spending on teacher retirement shouldn’t be included in school spending. It doesn’t make it into the classroom, they say. (One wonders if teachers would continue to work if schools did not provide a retirement program.) But the Court has a different opinion: “Moreover, state monies invested in the Kansas Public Employees Retirement System (KPERS) may also be a valid consideration because a stable retirement system is a factor in attracting and retaining quality educators — a key to providing an adequate education.”

The Court gave the public school spending establishment a little hope for relief. Often that establishment says that a multitude of rules and regulations prevent funds from being spent in the way they want. The Court said these restrictions may be considered: “The panel may consider the restrictions on the use of these federal, pension, and other funds and determine that even with the influx of these additional monies the school districts are unable to use them in the manner necessary to provide adequacy under Article 6. But regardless of the source or amount of funding, total spending is not the touchstone for adequacy.”

There again the Court issued the instruction regarding spending as a measure of an adequate education.

WichitaLiberty.TV set 2014-03-03 1200

WichitaLiberty.TV: Kansas school finance lawsuit, problems solved?

In this episode of WichitaLiberty.TV: The Kansas Supreme Court handed down its ruling in Gannon v. Kansas, the school finance lawsuit. What did the court say, and did it address the real and important issues with Kansas schools? Episode 37, broadcast March 30, 2014. View below, or click here to view on YouTube.

apple-chalkboard-books-2

In Kansas, the Blob is worked up

apple-chalkboard-books“Education reformers have a name for the resistance: the education ‘Blob.’ The Blob includes the teachers unions, but also janitors and principals unions, school boards, PTA bureaucrats, local politicians and so on.” (John Stossel, The Blob That Ate Children.)

In Kansas, we’re seeing the Blob at full activation, vigorously protecting its interests. The source of the Blob’s consternation is a bill in the Kansas Legislature that would add charter schools and tax credit scholarships to the educational landscape in Kansas. (Kansas does have charter schools at present, but the law is so stacked in favor of the Blob’s interests that there are very few charter schools.)

An example of a prominent spokesperson for the Blob is the Wichita Eagle’s Rhonda Holman. She recently wrote regarding Kansas school funding: “In the Kansas Speaks survey released last fall by the Docking Institute of Public Affairs at Fort Hays State University, two-thirds said they wanted to see more K-12 state funding.”

I don’t doubt that these results are accurate. The desire for good schools is nearly universal. But when we look at the beliefs of people, we find that they are, largely, uninformed and misinformed about the level of school spending. Kansas Policy Institute commissioned a survey that asked the public a series of questions on schools and spending. (See Citizens generally misinformed on Kansas school spending.) A key finding is that most people think that schools spend much less than actual spending, and by a large margin. Further, most people think spending has declined, when in fact it has risen. These finding are similar to other research commissioned by KPI, and additional surveys by other organizations at the national level.

Not surprisingly, when citizens and taxpayers learn the true level of school spending, their attitude towards school spending changes. That’s dangerous to school spending advocates — the Blob. It diminishes their most compelling arguments for more school spending — “it’s for the kids.”

The Eagle editorial board, along with the Kansas City Star, has been instrumental in misinforming Kansans about school spending. These newspapers continually use base state aid per pupil as the measure of schools spending, when in fact this is just a fraction of total spending on schools. (See Here’s why Kansans are misinformed about schools.)

The survey that Holman relies upon as evidence of the desire for more school spending didn’t ask — as far as I know — questions to see if respondents were informed on the issue. Even worse: Instead of seeking to educate readers on the facts, Holman resorts to demagoguery and demonizing, referring to “education reforms coveted by some conservatives and the American Legislative Exchange Council.” There, the two evils: Conservatives and ALEC, the substance of her argument.

Reform in Kansas

There are two reforms being talked about in Kansas that are popular in other states. Popular except with the Blob, that is.

One is a tax credit scholarship program. This lets corporations make contributions to organizations that would provide scholarships for students to attend private schools. The corporations would then receive credits against their income tax. The Blob opposes programs like this. The Blob says that these programs simply let students that are already in private or church schools have the state pay their tuition.

But the proposed law in Kansas this year, as in years past, contains these provision: For the scholarship program, students must qualify as “at-risk” students and be attending a school that qualifies as “title I,” a program that applies to schools with many students from low-income families.

Further, the student must have been enrolled in a public school before seeking a scholarship, unless the student is less than six years old.

Together these requirements rebut the argument of the Blob: That the scholarships are just a way for children already in private or church schools to get tax funds to pay for their schools. Instead, the law targets these scholarships at students from low-income households.

Another possible reform is charter schools. These are schools that are public schools and receive public funding, but operate outside the present education establishment and local school boards. The Blob objects to this because they say that without government oversight, charter schools aren’t held accountable. The Blob must forget that charter schools are accountable to parents of children, which is a higher standard than the accountability of government bureaucrats. Also, unlike the regular public schools, the government can’t force children to attend a charter school.

The Blob criticizes charter schools because they say they “cherry-pick” the best students, leaving public schools with the worst. Here’s what the proposed Kansas law says: “A public charter school shall enroll all students who wish to attend the school.” If more students apply than the school has space, students will be selected via lottery. In most areas that have charter schools, there are many more aspirants than available spaces, and students are chosen by lottery. That would undoubtedly be the case in Kansas.

The Blob says that charter schools pick only the students they want, and therefore lead to segregation. Here’s the proposed law: “A public charter school shall be subject to all federal and state laws prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry or need for special education services.”

Here’s what the Blob really hates: “A public charter school shall be exempt from all laws and rules and regulations that are otherwise applicable to public schools in this state.” And also this: “Teachers in public charter schools shall be exempt from the teacher certification requirements established by the state board.”

The Blob values its rules and regulations that make work for its fleets of bureaucrats. Never mind that these regulations probably don’t increase student learning. That’s not the point.

And the political muscle of the Blob, the teachers unions? Well, charter school teachers usually aren’t unionized. The union is in favor of public schools only if the the teachers are in unions.

What the Blob won’t tell you

The Kansas Blob is proud of Kansas schools, partly because of scores on the National Assessment of Educational Progress (NAEP), known as “The Nation’s Report Card.” Kansas ranks pretty high among the states on this test. It’s important, however, to examine the results from a few different angles to make sure we understand the entire situation. An illustrative video is available here.

Visualization of National Assessment of Educational Progress scores.
Visualization of National Assessment of Educational Progress scores.
Data for the 2013 administration of the test was just released. I’ve gathered scores and made them available in a visualization that you can use at wichitaliberty.org. The most widely available NAEP data is for two subjects: reading and math, and for two grades, fourth and eighth. The video presents data for Kansas, Texas, and the average for national public schools. I choose to compare Kansas with Texas because for several reasons, Kansas has been comparing itself with Texas. So let’s look at these test scores and see if the reality matches what Kansas school leaders have said.

Looking at the data for all students, you can see why Kansas school leaders are proud: The line representing Kansas is almost always the highest.

NAEP makes data available by ethnic subtypes. If we present a chart showing black students only, something different appears. Now Texas is higher than Kansas in all cases in one, where there is a tie.

If we consider Hispanic students only: Texas is higher in some cases, and Kansas and Texas are virtually tied in two others. National public schools is higher than Kansas in some cases.

Considering white students only, Texas is higher than Kansas in three of four cases. In some cases the National public school average beats or ties Kansas.

So we have what seems to be four contradictory statements, but each is true.

  • When considering all students: Kansas scores higher than Texas.
  • Hispanic students only: Kansas is roughly equal to Texas.
  • Black students only: Kansas scores below Texas.
  • White students only: Kansas scores below Texas in most cases.

When you hear the Blob trumpet high Kansas test scores, does it also explain the nuances? No, of course not, But you can examine these test scores in an interactive visualization.

Kansas school standards

Another problem you won’t hear about from the Blob: Kansas has low standards for its schools. Even worse, at a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its already low standards for schools.

Kansas school standards for grade 4 reading compared to other states.
Kansas school standards for grade 4 reading compared to other states.
This is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales. NCES is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations, and is located within the U.S. Department of Education and the Institute of Education Sciences.

The mapping project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. As explained in Kansas school standards and other states, Kansas standards are relatively low, compared to other states. This video explains. (View below, or click here to view in HD at YouTube.)

For Kansas, here are some key findings. First, NCES asks this question: “How do Kansas’s NAEP scale equivalent scores of reading standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

In other words, NCES judged that Kansas weakened its standards for reading performance.

apple-chalkboard-books

Kansas school finance lawsuit reaction

apple-chalkboard-booksFollowing is news coverage and reaction to the Kansas school finance lawsuit Luke Gannon, et al v. State of Kansas.

Press release from Kansas Supreme Court
The court declared certain school funding laws fail to provide equity in public education as required by the Kansas Constitution and returned the case to Shawnee County District Court to enforce the court’s holdings. The court further ordered the three-judge panel that presided over the trial of the case to reconsider whether school funding laws provide adequacy in public education — as also required by the constitution. … The court set a July 1, 2014, deadline to give the Legislature an opportunity to provide for equitable funding for public education. If by then the Legislature fully funds capital outlay state aid and supplemental general state aid as contemplated by present statutes, i.e., without withholding or prorating payments, the panel will not be required to take additional action on those issues. But if the Legislature takes no action by July 1, 2014, or otherwise fails to eliminate the inequity, the panel must take appropriate action to ensure the inequities are cured.

The full opinion

Court Orders Kansas Legislature to Spend More on Schools New York Times
Kansas’s highest court ruled on Friday that funding disparities between school districts violated the state’s Constitution and ordered the Legislature to bridge the gap, setting the stage for a messy budget battle in the capital this year. … Most of the attention in the case, Gannon v. Kansas, had been focused on the trial court’s order to raise base aid per student to $4,492, a 17 percent increase over the current level, to provide an adequate education for all Kansas students. On Friday, the Supreme Court held that the district court had not applied the proper standard to determine what constituted an adequate funding level and asked the lower court to re-examine that issue. “Regardless of the source or amount of funding, total spending is not the touchstone for adequacy in education” under the State Constitution, the decision read.

Kansas must heed court’s call for fairer school funding Kansas City Star.
The Kansas Supreme Court’s school finance ruling Friday cast a bright light on the Legislature’s willful failure to meet its funding obligations to poorer school districts and their students. The state’s duty to promote equity in public education is well established. A previous court ruling ordered legislators to provide payments to districts with low tax bases to help lessen the gap between them and districts that can more easily raise money through property taxes. But in 2010 the Legislature cut off equalization money meant to help poorer districts with capital needs. A year later, lawmakers even amended a statute to excuse themselves from providing money for that purpose through 2017. They also reduced and prorated supplemental payments to help less wealthy districts meet day-to-day needs.

Court declares Kansas’ school funding levels unconstitutional Los Angeles Times
The Kansas Supreme Court has ruled that the state’s current levels of school funding are unconstitutional, and ordered the Legislature to provide for “equitable funding for education” by July 1. The long-anticipated ruling was a victory for education advocates in the state, but it may be a short-lived one as the Legislature has vowed to defy court orders on the subject. … According to an analysis by the Center on Budget and Policy Priorities, Kansas is spending 16.5% less per student, or $950 per pupil, on education in 2014 than it did in 2008.

Kansas Supreme Court finds inequities in school funding, sends case back to trial court Wichita Eagle
The Kansas Supreme Court found some unfairness — but not necessarily too few dollars — in the state’s funding of schools and sent a mammoth school-finance case back to a lower court for further action. The court found disparities between districts to be unconstitutional and set a July 1 deadline for lawmakers to address that. But it stopped short of saying the state is putting too few dollars in the pot, leaving that issue for another day. … Both school advocates and Republican lawmakers declared partial victory in the wake of the ruling in the lawsuit brought by the Wichita school district and others against the state. But they offered strikingly different interpretations of the decision.

Kansas Supreme Court on school finance: A summary of the ruling Lawrence Journal-World

Court decision gives little clarity on adequacy of K-12 funding Topeka Capital-Journal
Plaintiffs and interested third parties articulated different interpretations of Friday’s school finance ruling, with some saying it is a call for more K-12 funds and conservative groups saying there is no rush.

KS Supreme Court: Legislators made ‘unconstitutional’ school funding choices Kansas Watchdog
In a long-awaited decision, the Kansas Supreme Court on Friday ruled that state lawmakers created “unconstitutional” and “unreasonable wealth-based disparities” by withholding certain state aid payments to public schools. … While the Supreme Court unanimously upheld a lower court decision regarding the state’s failure to equitably disburse capital outlay and supplemental general payments to Sunflower State schools, it stopped short of issuing a decree for specific funding to meet the Legislature’s constitutional requirement to provide an “adequate” education.

Governor Sam Brownback and legislative leadership outline opportunity for progress following Kansas Supreme Court Ruling on Education Funding (full press release)
Today Governor Sam Brownback, joined by Attorney General Derek Schmidt, Senate President Susan Wagle and House Speaker Ray Merrick and other legislators responded to the Kansas Supreme Court ruling on the Gannon vs Kansas case. “We have an opportunity for progress,” Governor Brownback said. “My commitment is to work with legislative leadership to address the allocation issue identified by the court. We will fix this.” The court has set out steps for the legislature to end the lawsuit by July 1, 2014. It affirms the Constitutional requirement for education to be “adequate” and “equitable.” “Our task is to come to resolution on capital outlay funding and local option budgets before July 1,” said Senate President Wagle. “We now have some clarity as we work toward resolution of issues that began years ago under prior administrations.”

Davis comments on Gannon ruling
The court today made it clear that the state has not met its obligation to fund Kansas schools in equitable way. It is time to set it right and fund our classrooms.

Kansas Policy Institute
Statement from Dave Trabert, the president of Kansas Policy Institute, in response to Gannon v. State of Kansas:
“We’re encouraged that the Court ruled that total spending cannot be used to measure adequacy. This is especially important because spending is currently based on deliberately-inflated numbers in the old Augenblick & Myers report. To this day, no one knows what it costs for schools to achieve required outcomes while also making efficient use of taxpayer money. “The next step in helping each student succeed while acting responsibly with taxpayer money is to model a K-12 Finance Commission on the KPERS Study Commission. The Legislature and Governor Brownback should determine what schools need to achieve required outcomes while organized and operating in a cost-effective manner, including appropriate equity measures, and fund schools accordingly.”

Americans for Prosperity-Kansas
The Kansas chapter of the grassroots group Americans for Prosperity released the following statement in response to the Kansas Supreme Court’s school finance decision handed down today:
“For years, those demanding more education spending have ignored anything other than the base state aid per pupil which is only part of overall education funding,” said AFP-Kansas State Director Jeff Glendening. “We are pleased that the Supreme Court has specifically directed that ‘funds from all available resources, including grants and federal assistance, should be considered,’ and that ‘total spending is not the touchstone for adequacy.’
“In light of the Court’s ruling that ‘adequacy’ of education is determined by student outcomes rather than spending, and adopted standards similar to those adopted by the legislature in 2005, now is the time to consider how we are spending education dollars.
“Kansans are spending more than an average of $12,700 per student, and K-12 education currently makes up more than half of our state budget. Despite that, less than 60 percent of education dollars actually make it into the classroom. To meet the educational standards set out by the Legislature and Supreme Court, and give every Kansas child the opportunity they deserve, we must do better.
“We know that the discussion of school finance is not over, and will continue to play out in the courts as the Supreme Court sent the issue of ‘adequacy’ back to the District Court. It’s our hope that the lower court will carefully look at student outcomes and local spending decisions, rather than automatically demanding more state spending, and recognize its role in the constitutionally-defined separation of powers.”

Kansas National Education Association
We are disappointed that today’s announcement by the Kansas State Supreme Court prolongs a resolution of the school finance issue. It didn’t deal directly with the current critical need in Kansas public schools. Together, the citizens of Kansas made sacrifices at a time when the state and national economy were in crisis. During that time Kansans came together and dealt with staggering cuts to education, believing the promise of full restoration to public school funding once the state economy had rebounded.

Kansas Supreme Court rules in school finance case Kansas Health Institute
Kansas’ top court today released its long-awaited decision in the school finance case and while the ruling settled little for now, both sides in the litigation said they found things to like about it.

Attorney General Derek Schmidt, whose office defended the state in Gannon v. State of Kansas, said he didn’t believe the mixed decision would necessarily require the Legislature to spend more on K-12 schools, though that would be one option for making the state’s school finance formula constitutional again. … But representatives of the school districts that took to court claiming state aid dollars have been unequal and inadequate said they felt confident they would win the remainder of their points at retrial and that the Legislature would need to authorize an added $129 million in K-12 spending by July 1 to meet the standards spelled out in the unanimous decision. “We are not concerned about this. All of our proof at trial was presented using the correct standard that the court now directs to be used,” at retrial, said John Robb an attorney for the four public school districts that sued the state.

Kansas Supreme Court issues ruling on school finance Wichita Public Schools
The Kansas Supreme Court issued its ruling on the school finance lawsuit on March 7. It upholds the concept that the legislature must adequately fund schools in Kansas and that the funding must be distributed equitably. It requires the Kansas Legislature to fund capital outlay and Local Option Budget equalization by July 1, 2014. That means immediate increases in some state funding for education. … “Overall, we think this is a great ruling for Wichita and Kansas kids,” said Lynn Rogers, BOE member. “It upholds the concept that the State of Kansas is responsible for adequately and equitably funding our students’ education.” Rogers said that the lawsuit is for all Kansas students and that they deserve a quality education regardless of where they live in the state. “The education we provide is the foundation for our workforce and the future of Kansas,” said Superintendent John Allison. “If we don’t give our students a quality education now, we will pay for it in the future.”

Kansas Judicial Center

We can predict the loser in the Kansas school lawsuit

The Kansas Supreme Court will hand down the school finance decision Friday.
The Kansas Supreme Court will hand down the school finance decision Friday.

No matter which side wins the Kansas school finance lawsuit, we already know who loses: Kansas schoolchildren. The last time schools won a suit, the state lowered its standards for schools.

Talking about school spending is easy, even though most Kansas public school spending advocates refuse to acknowledge the totality of spending. (Or if they acknowledge the total level, they may make excuses for the spending not being effective.) Advocating for more spending is easy. It’s easy because the Kansas Constitution says the state must spend on schools. Parents want more spending, and so do teachers, public employee unions, and children. It’s easy to support more spending on schools because anyone who doesn’t is demonized as anti-child, anti-education, and even anti-human.

But the focus on school spending lets the Kansas public school establishment off the hook too easily. Any and all shortcomings of Kansas schools can be blamed on inadequate funding. That’s what the establishment does.

The focus on school spending also keeps attention away from some unfortunate and unpleasant facts about Kansas schools that the establishment would rather not talk about. Kansas needs to confront these facts for the sake of Kansas schoolchildren. If the court orders more spending and the legislature complies, not much is likely to improve, but the public school establishment will say everything that’s wrong has been fixed.

The focus on spending

First, citizens are generally misinformed on Kansas school spending. In surveys, most people usually guess that schools spend less than half of the correct amount. It’s a problem not only in Kansas; it’s a nationwide issue.

Then, there is a tenuous connection between increased school spending and better student outcomes. Many studies point out the rapid rise in school spending over the decades, but test scores are flat.

Even liberal think tanks realize the school class size is not an important factor.
Even liberal think tanks realize the school class size is not an important factor.

Public school spending advocates say that increased spending will allow smaller class sizes. But class size reduction is very expensive and produces only marginal benefits compared to other strategies. The Center for American Progress — normally in favor of anything that increases government spending — wrote this in its 2011 report The False Promise of Class-Size Reduction

The evidence on class size indicates that smaller classes can, in some circumstances, improve student achievement if implemented in a focused way. But CSR [class size reduction] policies generally take exactly the opposite approach by pursuing across-the-board reductions in class size at the state or federal level. These large-scale, untargeted policies are also extremely expensive and represent wasted opportunities to make smarter educational investments. Large-scale CSR policies clearly fail any cost-benefit test because they entail steep costs and produce benefits that are modest at best.

The CAP report tells readers what does work to improve student outcomes:

Researchers agree that teacher quality is the single most important in-school determinant of how much students learn. Stanford economist Eric A. Hanushek has estimated that replacing the worst 5 percent to 8 percent of teachers with average teachers would dramatically boost achievement in the United States.

KNEA: There are no bad teachers.
KNEA: There are no bad teachers.

But Kansas ranks low in policies regarding teacher quality. The current lawsuit doesn’t address issues like teacher quality or other specific reforms that will actually help Kansas schoolchildren. By the way, the Kansas National Education Association (KNEA) believes there are no bad teachers.

What Kansas did after the last lawsuit

Consider what Kansas did the last time schools won a lawsuit: The state lowered its school standards. Simply put, Kansas didn’t have rigorous standards for its schools, and it lowered them after the last court decision.

national-center-education-statistics-state-mapping-naep

The National Center for Education Statistics produces a report titled Mapping State Proficiency Standards Onto the NAEP Scales. (NCES is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations, and is located within the U.S. Department of Education and the Institute of Education Sciences.)

The mapping project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. The conclusion of NCES is that Kansas school standards are relatively low, compared to other states. This video explains. (View below, or click here to view in HD at YouTube.)

For Kansas, here are some key findings. First, NCES asks this question: “How do Kansas’s NAEP scale equivalent scores of reading standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

In other words, NCES judged that Kansas weakened its standards for reading performance.

A similar question was considered for math: “How do Kansas’s NAEP scale equivalent scores of mathematics standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the mathematics assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of its grade 8 standards decreased (the NAEP scale equivalent of its grade 4 standards did not change).”

Also: “Kansas made substantive changes to its mathematics grade 4 assessment between 2005 and 2009, but the NAEP scale equivalent of its grade 4 standards did not change.”

For mathematics, NCES judges that some standards were weakened, and some did not change.

In its summary of Kansas reading standards, NCES concluded: “In both grades, Kansas state assessment results showed more positive changes in achievement than NAEP results.” For mathematics, the summary reads: “In grade 4, Kansas state assessment results showed a change in achievement that is not different from that based on NAEP results. In grade 8, state assessment results showed a more positive change.”

In other words: In three of four instances, Kansas is claiming positive student achievement that isn’t apparent on national tests.

Following are two examples of charts from the NCES study where Kansas school standards rank compared to other states. Click on them for larger versions.

Kansas Grade 4 Reading Standards

Kansas Grade 4 Math Standards 01

Kansas Capitol

Kansas school finance lawsuit deflects from issues that could help schoolchildren

Kansas Capitol

Regardless of which side wins the Kansas school finance lawsuit, we know who loses: Kansas schoolchildren.

Talking about school spending is easy, even though most Kansas public school spending advocates refuse to acknowledge the totality of spending. (Or if they acknowledge the total level, they may make excuses for the spending not being effective.) Advocating for more spending is easy. It’s easy because the Kansas Constitution says the state must spend on schools. Parents want more spending, and so do teachers, public employee unions, and children. It’s easy to want more spending on schools because anyone who doesn’t is demonized as anti-child, anti-education, and even anti-human.

But the focus on school spending lets the Kansas public school establishment off the hook too easily. Any and all shortcomings of Kansas schools can be blamed on inadequate funding, and that’s what happens.

The focus on school spending also keeps attention away from some unfortunate and unpleasant facts about Kansas schools that the establishment would rather not talk about. Kansas needs to confront these facts for the sake of Kansas schoolchildren. If the court orders more spending and the legislature complies, not much is likely to improve, but the public school establishment will say everything that’s wrong has been fixed.

The focus on spending

First, citizens are generally misinformed on Kansas school spending. In surveys, most people usually guess that schools spend less than half of the correct amount. It’s a problem not only in Kansas; it’s a nationwide issue.

Then, there is a tenuous connection between increased school spending and better student outcomes. Many studies point out the rapid rise in school spending over the decades, but test scores are flat.

center-american-progress-false-promise-class-size-reduction

Public school spending advocates say that increased spending will allow smaller class sizes. But class size reduction is very expensive and produces only marginal benefits compared to other strategies. The Center for American Progress — normally in favor of anything that increases government spending — wrote this in its 2011 report The False Promise of Class-Size Reduction

The evidence on class size indicates that smaller classes can, in some circumstances, improve student achievement if implemented in a focused way. But CSR [class size reduction] policies generally take exactly the opposite approach by pursuing across-the-board reductions in class size at the state or federal level. These large-scale, untargeted policies are also extremely expensive and represent wasted opportunities to make smarter educational investments. Large-scale CSR policies clearly fail any cost-benefit test because they entail steep costs and produce benefits that are modest at best.

The CAP report tells readers what does work to improve student outcomes:

Researchers agree that teacher quality is the single most important in-school determinant of how much students learn. Stanford economist Eric Hanushek has estimated that replacing the worst 5 percent to 8 percent of teachers with average teachers would dramatically boost achievement in the United States.

But Kansas ranks low in policies regarding teacher quality. The current lawsuit doesn’t address issues like teacher quality or other specific reforms that will actually help Kansas schoolchildren.

What Kansas did after the last lawsuit

Consider what Kansas did the last time schools won a lawsuit: The state lowered its school standards. Simply put, Kansas didn’t have rigorous standards for its schools, and it lowered them after the last court decision.

national-center-education-statistics-state-mapping-naep

The National Center for Education Statistics produces a report titled Mapping State Proficiency Standards Onto the NAEP Scales. (NCES is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations, and is located within the U.S. Department of Education and the Institute of Education Sciences.)

The mapping project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. The conclusion of NCES is that Kansas school standards are relatively low, compared to other states. This video explains. (View below, or click here to view in HD at YouTube.)

For Kansas, here are some key findings. First, NCES asks this question: “How do Kansas’s NAEP scale equivalent scores of reading standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

In other words, NCES judged that Kansas weakened its standards for reading performance.

A similar question was considered for math: “How do Kansas’s NAEP scale equivalent scores of mathematics standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the mathematics assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of its grade 8 standards decreased (the NAEP scale equivalent of its grade 4 standards did not change).”

Also: “Kansas made substantive changes to its mathematics grade 4 assessment between 2005 and 2009, but the NAEP scale equivalent of its grade 4 standards did not change.”

For mathematics, NCES judges that some standards were weakened, and some did not change.

In its summary of Kansas reading standards, NCES concluded: “In both grades, Kansas state assessment results showed more positive changes in achievement than NAEP results.” For mathematics, the summary reads: “In grade 4, Kansas state assessment results showed a change in achievement that is not different from that based on NAEP results. In grade 8, state assessment results showed a more positive change.”

In other words: In three of four instances, Kansas is claiming positive student achievement that isn’t apparent on national tests.

Following are two examples of charts from the NCES study where Kansas school standards rank compared to other states. Click on them for larger versions.

Kansas Grade 4 Reading Standards

Kansas Grade 4 Math Standards 01

Kansas school spending, according to the Telegram

newspaper-154444_150
Another Kansas newspaper editorial shows that when writing about Kansas school spending, facts are sometimes not observed.

The Garden City Telegram analyzed the recent State of the State address delivered by Kansas Governor Sam Brownback. In an editorial, the newspaper wrote: “In his speech, Brownback mentioned the quest for ‘world-class education’ in Kansas. But during his time in office, he presided over the largest overall cut in public education funding in the state’s history.” (School daze, January 18, 2014)

kansas-school-spending-per-student-2013-10-chart-01

Nearby is a chart of Kansas school spending (click it for a larger version). It’s adjusted for inflation. Spending is not as high as it was at its peak, but the newspaper’s claims of “largest overall cut” don’t match the facts. The Telegram editorial writers might also care to note who was governor when spending did decline.

Those who claim school spending has been cut or is inadequate usually cite only base state aid per pupil, which has fallen. But it’s only the starting point for all the other spending. In totality, spending on schools in Kansas is over three times the level of base state aid. Also, comparisons are often made to what the Kansas Supreme Court said base state aid should be to its actual value. But the court doesn’t know how much should be spent on schools.

It’s important to consider the totality of spending and not just base state aid. It’s important because total spending is so much greater than base state aid. Also, total spending accounts for some of the difficulties and expenses that schools cite when asking for higher spending.

For example, schools often point to non-English speaking students and at-risk students as being expensive to educate. In recognition of this, the Kansas school finance formula makes allowances for this. According to the Kansas Legislator Briefing Book for 2013, the weighting for “full-time equivalent enrollment in bilingual education programs” is 0.395. This means that for each such student a school district has, an additional 39.5 percent over base state aid is given to the district.

For at-risk pupils, the weighting is 0.456. At risk students, according to the briefing book, “are determined on the basis of at-risk factors determined by the school district board of education and not by virtue of eligibility for free meals.”

Taken together, bilingual students considered to be at-risk generate an additional 85.1 percent of base state aid to be sent to the district, per student.

These weightings are the reason why that while base state aid per pupil was $3,838 last year, total state aid per pupil was $6,984. Total state spending was 1.82 times base state aid.

Voice for Liberty Radio: Mike O’Neal, Kansas Chamber of Commerce

Voice for Liberty logo with microphone 150

In this episode of WichitaLiberty Podcasts: Mike O’Neal, who is president and CEO of the Kansas Chamber of Commerce, spoke yesterday to the Wichita Pachyderm Club. A large part of his talk was on the topic of Kansas school finance and other education topics. This podcast contains that portion of his speech.

O’Neal graduated from Kansas University and also its law school. He served in the Kansas House of Representatives for 28 years, with his final four years as Speaker of the House. He joined the Kansas Chamber as President and CEO in 2012 as he retired from the legislature.

This is podcast episode number 4, released on January 18, 2014.

Shownotes

Kansas Chamber of Commerce
Mike O’Neal at Wikipedia
Mike O’Neal at LinkedIn
Mike O’Neal biography at Kansas Chamber
The Gannon opinion
Kansas school topics from Voice for Liberty
Kansas State Department of Education
Kansas Policy Institute

Kansas schoolchildren shortchanged by Kansas City Star

kansas-city-star-opinion

Another newspaper editorialist ignores the facts about Kansas schools. This is starting to be routine.

In a collection of toasts and roasts, Kansas City Star columnist Steve Rose criticizes Kansas Governor Sam Brownback on a variety of fronts, especially on school funding:

A ROAST to Kansas Gov. Sam Brownback, who led the charge for the most radical and irresponsible tax cuts in the history of Kansas and, perhaps, the entire country. One of the unfortunate victims of these cuts is education, both K-12 and higher education. The damage will be gradual, but it will be felt to be sure. Brownback says he is investing in more jobs. But he is dis-investing in education. What could be more vital to the Kansas economy and attracting businesses than a high quality educational system? (Roasts and toasts suitable for the new year, January 11, 2014)

kansas-school-spending-per-student-2013-10-chart-01

Dis-investing in education.: Nearby is a chart of Kansas school spending. It’s adjusted for inflation. Spending is not as high as it was at its peak, but claims of “slashing” or “dis-investing” don’t apply, either.

Those who claim school spending is inadequate usually cite only base state aid per pupil, which has fallen. But it’s only the starting point for all the other spending. In totality, spending on schools in Kansas is over three times the level of base state aid. Also, comparisons are often made to what the Kansas Supreme Court said base state aid should be to its actual value. But the court doesn’t know how much should be spent on schools.

Those who make claims of cutting schools should note this: Considering the entire state, two trends have emerged. For the past two years, the number of teachers employed in Kansas public schools has risen. Correspondingly, the student-teacher ratio has fallen. The trend for certified employees is a year behind that of teachers, but for the last year, the number of certified employees has risen, and the ratio to pupils has fallen.

Kansas school employment

I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts.

Kansas school employment ratios

Click here for the visualization of employment levels. Click here for the visualization of ratios (pupil-teacher and pupil-certified employee).

What could be more vital to the Kansas economy and attracting businesses than a high quality educational system? Rose is right. Good schools are vital to our future. If only Kansas had them.

The focus on school spending — that’s all writers like Rose write about — keeps attention away from some unfortunate and unpleasant facts about Kansas schools. Kansas needs to confront these facts for the sake of Kansas schoolchildren. Editorials like this are very harmful to Kansas schoolchildren, because if spending is increased, not much is likely to improve, but the public school establishment and editorialists like Steve Rose will say that everything that’s wrong has been fixed.

Here’s what Kansas needs to confront. Regarding Kansas school performance, we have to confront two unpleasant realities. First, Kansas has set low standards for its schools, compared to other states. Then, when the Kansas Supreme Court ordered more spending in 2005, the state responded by lowering school standards further. Kansas school superintendents defend these standards.

When referring to “strong public school system,” here’s what Kansans need to know. On the National Assessment of Educational Progress (NAEP), known as “The Nation’s Report Card.” Kansas ranks pretty high among the states on this test. It’s important, however, to examine the results from a few different angles to make sure we understand the entire situation. An illustrative video is available here.

Kansas and National NAEP Scores, 2011, by Ethnicity and Race

If we compare Kansas NAEP scores to those of Texas, we have what seems to be four contradictory statements, but each is true.

  • When considering all students: Kansas scores higher than Texas.
  • Hispanic students only: Kansas is roughly equal to Texas.
  • Black students only: Kansas scores below Texas.
  • White students only: Kansas scores below Texas in most cases.

What explains this paradox is that the two states differ greatly in the proportion of students in ethnic groups. In Kansas, 69 percent of students are white. In Texas it’s 33 percent. This large difference in the composition of students is what makes it look like Kansas students perform better on the NAEP than Texas students.

But looking at the scores for ethnic subgroups, which state would you say has the most desirable set of NAEP scores? It’s important to know that aggregated data can mask or hide underlying trends.

Here’s a question for you: Have you heard Kansas school leaders talk about this? Do Steve Rose and the Kansas City Star editorial board know this?

New York Times on Kansas schools, again

new-york-times-logo

The New York Times — again — intervenes in Kansas schools. As it did last October, the newspaper makes serious errors in its facts and recommendations.

An op-ed in the New York Times is being used by the Kansas public school spending establishment as evidence for the need to increase school spending in Kansas. (What’s the Matter With Kansas’ Schools?, January 8, 2014) The authors are David Sciarra, the executive director of the Education Law Center, and Wade Henderson, president and chief executive of the Leadership Conference on Civil and Human Rights.

Before Kansas schoolchildren celebrate that the nation’s newspaper of record has taken up their case, let’s examine some of the claims and reasoning used by these authors.

kansas-school-spending-per-student-2013-10-chart-01

The op-ed makes this claim: “Overall, the Legislature slashed public education funding to 16.5 percent below the 2008 level.” Claims like this look only at base state aid per pupil funding, which is just part of total spending. Total state aid per pupil this past school year was $6,984. Base state aid per pupil was $3,838. Total state spending, therefore, was 1.82 times base state aid.

It’s important to consider the totality of spending and not just base state aid. It’s important because total spending is so much greater than base state aid. Also, total spending accounts for some of the difficulties and expenses that schools cite when asking for higher spending. For example, advocates for higher school spending often point to non-English speaking students and at-risk students as being expensive to educate. In recognition of this, the Kansas school finance formula makes allowances for this. According to the Kansas Legislator Briefing Book for 2013, the weighting for “full-time equivalent enrollment in bilingual education programs” is 0.395. This means that for each such student a school district has, an additional 39.5 percent over base state aid is given to the district.

For at-risk pupils, the weighting is 0.456. At risk students, according to the briefing book, “are determined on the basis of at-risk factors determined by the school district board of education and not by virtue of eligibility for free meals.” Taken together, bilingual students considered to be at-risk generate an additional 85.1 percent of base state aid to be sent to the district, per student.

The decline in base state aid per pupil is a convenient fact for public school spending boosters. They can use a statistic that contains a grain of truth in order to whip up concern over inadequate school spending. They can cite this as an argument for increasing spending, even though spending has been rising.

Further, citing only base state aid reduces “sticker shock.” Most people are surprised to learn that our schools spend $12,781 per student. It’s much easier to tell taxpayers that only $3,838 was spent. But that’s not a complete picture, not by far. For more on this, see Kansas school spending holding steady and Kansas school spending, by district.

The Times op-ed also states “Class sizes have increased, teachers and staff members have been laid off.” But statistics show that school employment has rebounded, both in terms of absolute numbers of teachers and certified employees, and also in the ratios of students to these employees. This video explains.

The story is not the same in every district. But considering the entire state, two trends emerge. For the past two years, the number of teachers employed in Kansas public schools has risen. Correspondingly, the student-teacher ratio has fallen. The trend for certified employees is a year behind that of teachers, but for the last year, the number of certified employees has risen, and the ratio to pupils has fallen.

Kansas school employment

I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts.

Kansas school employment ratios

Click here for the visualization of employment levels. Click here for the visualization of ratios (pupil-teacher and pupil-certified employee).

The Times continues: “The judges also found that the Legislature was not meeting even the basic funding amounts set in its own education cost studies.” We shouldn’t rely on these documents. See Suitable education in Kansas. The primary study that Kansas relies upon is defective in this way, according to testimony from Kansas Policy Institute: “Augenblick & Myers (A&M) openly admitted that they deliberately deviated from their own Successful Schools methodology and delivered artificially high spending numbers by ignoring efficient use of taxpayer money. Amazingly, the Montoy courts still based their rulings on ‘evidence’ that was known to be worthless. And now the Shawnee County District Court is following that legal precedent in its ruling on Gannon.

The Times also writes “A victory for the parents would be heartening” and “Kansans rightfully take pride in their strong public school system.”

Talking about school spending is easy, although the Times, like most Kansas newspapers, doesn’t tell its readers the full story on spending. Advocating for more spending is easy. It’s easy because the Kansas Constitution says the state must spend on schools, parents want more spending, teachers want it, public employee unions want it. It’s easy to want more spending on schools because anyone who doesn’t is branded as anti-child, anti-education, anti-human.

But the focus on school spending lets the Kansas public school establishment off the hook too easily. Any and all shortcomings of Kansas schools can be blamed on inadequate funding, and that’s what happens.

The focus on school spending also keeps attention away from some unfortunate and unpleasant facts about Kansas schools that the establishment would rather not talk about. Kansas needs to confront these facts for the sake of Kansas schoolchildren. Editorials like this in the New York Times are very harmful to Kansas schoolchildren, because if the editorial’s recommendation is taken, not much is likely to improve, but the public school establishment will say that everything that’s wrong has been fixed.

Here’s what Kansas needs to confront. Regarding Kansas school performance, we have to confront two unpleasant realities. First, Kansas has set low standards for its schools, compared to other states. Then, when the Kansas Supreme Court ordered more spending in 2005, the state responded by lowering school standards further. Kansas school superintendents defend these standards.

When referring to “strong public school system,” here’s what Kansans need to know. On the National Assessment of Educational Progress (NAEP), known as “The Nation’s Report Card.” Kansas ranks pretty high among the states on this test. It’s important, however, to examine the results from a few different angles to make sure we understand the entire situation. An illustrative video is available here.

Kansas and National NAEP Scores, 2011, by Ethnicity and Race

If we compare Kansas NAEP scores to those of Texas, we have what seems to be four contradictory statements, but each is true.

  • When considering all students: Kansas scores higher than Texas.
  • Hispanic students only: Kansas is roughly equal to Texas.
  • Black students only: Kansas scores below Texas.
  • White students only: Kansas scores below Texas in most cases.

What explains this paradox is that the two states differ greatly in the proportion of students in ethnic groups. In Kansas, 69 percent of students are white. In Texas it’s 33 percent. This large difference in the composition of students is what makes it look like Kansas students perform better on the NAEP than Texas students.

But looking at the scores for ethnic subgroups, which state would you say has the most desirable set of NAEP scores? It’s important to know that aggregated data can mask or hide underlying trends.

Here’s a question for you: Have you heard Kansas school leaders talk about this? Does the New York Times editorial board know this?

Kansas education topic on ‘This Week in Kansas’

school-homework

Kansas education issues were a topic on a recent segment of KAKE TV “This Week in Kansas.”

Opening the show, Representative Jim Ward made a small but potentially consequential mistake when he said the “legislature has violated their constitutional duty to provide for an adequate or sufficient education.”

The Kansas Constitution actually says this in Article 6, Section 6(b): “The legislature shall make suitable provision for finance of the educational interests of the state.”

It’s too bad that the Kansas Constitution doesn’t mandate that the state provide an “adequate or sufficient” education, as that would provide the basis for a lawsuit that would actually — potentially — benefit Kansas schoolchildren.

The performance of Kansas schools that the education establishment touts wilts when examined under a statistical microscope. If we compare Kansas NAEP scores to those of Texas, we have what seems to be four contradictory statements, but each is true.

  • When considering all students: Kansas scores higher than Texas.
  • Hispanic students only: Kansas is roughly equal to Texas.
  • Black students only: Kansas scores below Texas.
  • White students only: Kansas scores below Texas in most cases.

(For more on this, see Kansas school test scores, in perspective.)

Furthermore — and this is important considering the significance given to the current school finance lawsuit: At a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its already low standards for schools.

That is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales. NCES is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations, and is located within the U.S. Department of Education and the Institute of Education Sciences.

The mapping project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. As explained in Kansas school standards and other states, Kansas standards are relatively low, compared to other states. This video explains.

Sample conclusions of this analysis for Kansas include:

“Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

In other words, NCES judged that Kansas weakened its standards for reading performance.

Mark Tallman of Kansas Association of School Boards also appeared. His focus is primarily on spending, but also makes the same mistakes when citing the performance of Kansas schools.

LOB property tax increase already in effect

chalkboard-portion-800

From Kansas Policy Institute.

LOB property tax increase already in effect

By Dave Trabert

About a year ago we asked the Kansas Department of Education to verify our calculation of the Local Option Budget (LOB) property tax increase that would result if Base State Aid Per Pupil (BSAPP) was increased from $3,838 per-pupil to $4,492 in accordance with a final Gannon ruling in favor of the plaintiffs/against Kansas taxpayers. KSDE verified our calculation but didn’t mention that the Legislature had already authorized districts to calculate LOB based on a hypothetical BSAPP of $4,433. Therefore, our reporting that increasing BSAPP to $4,492 would prompt an LOB increase of $154 million was inadvertently inaccurate, since most of that increase has already taken place. Upon learning of the potential mistake, we immediately contacted KSDE for clarification and issued this correction. We apologize for our role in this inadvertent reporting.

It should also be noted that the authorization to calculate LOB at a hypothetical rate of $4,433 expires on June 30, 2014; if not re-authorized, LOB calculations will be based on the actual amount of BSAPP, which currently is $3,838.

Setting LOB aside, let’s revisit the potential impact on citizens and the state budget if the Gannon ruling is upheld and implemented.

Continue reading

Here’s why Kansans are misinformed about schools

You should always believe what you read in the newspapers, for that makes them more interesting.
— Rose Macauley

kansas-city-star-opinionIn an editorial of some 600 words on the topic of Kansas schools, Kansas City Star editorial writers whip up support for higher school spending, but totally omit the facts readers need to know. In the end, it’s Kansas schoolchildren who are harmed most by editorials like this. (Much rides on the future of Kansas public school funding)

Talking about school spending is easy, although the Star, like most Kansas newspapers, doesn’t tell its readers the full story on spending. Advocating for more spending is easy. It’s easy because the Kansas Constitution says the state must spend on schools, parents want more spending, teachers want it, public employee unions want it. It’s easy to want more spending on schools because anyone who doesn’t is branded as anti-child, anti-education, anti-human.

But the focus on school spending lets the Kansas public school establishment off the hook too easily. Any and all shortcomings of Kansas schools can be blamed on inadequate funding, and that’s what happens.

The focus on school spending also keeps attention away from some unfortunate and unpleasant facts about Kansas schools that the establishment would rather not talk about. Kansas needs to confront these facts for the sake of Kansas schoolchildren. Editorials like this in the Kansas City Star are very harmful to Kansas schoolchildren, because if the editorial’s recommendation is taken, not much is likely to improve, but the public school establishment will say that everything that’s wrong has been fixed.

Spending

In its editorial, the Star cited only base state aid per pupil funding, which is just part of total spending. Total state aid per pupil this past school year was $6,984. Base state aid per pupil was $3,838. Total state spending, therefore, was 1.82 times base state aid.

It’s important to consider the totality of spending and not just base state aid. It’s important because total spending is so much greater than base state aid. Also, total spending accounts for some of the difficulties and expenses that schools cite when asking for higher spending. For example, advocates for higher school spending often point to non-English speaking students and at-risk students as being expensive to educate. In recognition of this, the Kansas school finance formula makes allowances for this. According to the Kansas Legislator Briefing Book for 2013, the weighting for “full-time equivalent enrollment in bilingual education programs” is 0.395. This means that for each such student a school district has, an additional 39.5 percent over base state aid is given to the district.

For at-risk pupils, the weighting is 0.456. At risk students, according to the briefing book, “are determined on the basis of at-risk factors determined by the school district board of education and not by virtue of eligibility for free meals.” Taken together, bilingual students considered to be at-risk generate an additional 85.1 percent of base state aid to be sent to the district, per student.

The decline in base state aid per pupil is a convenient fact for public school spending boosters. They can use a statistic that contains a grain of truth in order to whip up concern over inadequate school spending. They can cite this as an argument for increasing spending, even though spending has been rising.

Further, citing only base state aid reduces “sticker shock.” Most people are surprised to learn that our schools spend $12,781 per student. It’s much easier to tell taxpayers that only $3,838 was spent. But that’s not a complete picture, not by far.

Kansas schools compared to others

Kansas school leaders are proud of Kansas schools, partly because of scores on the National Assessment of Educational Progress (NAEP), known as “The Nation’s Report Card.” Kansas ranks pretty high among the states on this test. It’s important, however, to examine the results from a few different angles to make sure we understand the entire situation. An illustrative video is available here.

If we compare Kansas NAEP scores to those of Texas, we have what seems to be four contradictory statements, but each is true.

  • When considering all students: Kansas scores higher than Texas.
  • Hispanic students only: Kansas is roughly equal to Texas.
  • Black students only: Kansas scores below Texas.
  • White students only: Kansas scores below Texas in most cases.

What explains this paradox is that the two states differ greatly in the proportion of students in ethnic groups. In Kansas, 69 percent of students are white. In Texas it’s 33 percent. This large difference in the composition of students is what makes it look like Kansas students perform better on the NAEP than Texas students.

But looking at the scores for ethnic subgroups, which state would you say has the most desirable set of NAEP scores? It’s important to know that aggregated data can mask or hide underlying trends.

Here’s a question for you: Have you heard Kansas school leaders talk about this?

Kansas school standards

At a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its already low standards for schools.

This is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales. NCES is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations, and is located within the U.S. Department of Education and the Institute of Education Sciences.

The mapping project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. As explained in Kansas school standards and other states, Kansas standards are relatively low, compared to other states. This video explains.

Sample conclusions of this analysis for Kansas include:

“Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

In other words, NCES judged that Kansas weakened its standards for reading performance.

The public knowledge

Thanks to editorials like this, the average person is misinformed about school spending and other school issues. When citizens in Kansas and across the nation are asked questions about school spending, we learn they are totally uninformed. Even worse, several recent candidates for the Wichita school board were similarly uninformed. See Wichita school board candidates on spending.

What we need to know is this: Is the Kansas City Star editorial board uninformed, misinformed, or simply lying to its readers?

Shortchanging Kansas schoolchildren, indeed

School blackboardThis month the New York Times published an editorial that advocates for more spending on Kansas public schools. While getting some facts wrong, the piece also overlooks the ways that Kansas schoolchildren are truly being shortchanged.

Here’s evidence supplied by the Times (Shortchanging Kansas Schoolchildren, October 13, 2013): “State spending on education has fallen an estimated 16.5 percent since 2008, including $500 million in cuts under the Brownback administration, resulting in teacher layoffs and larger class sizes.” (Governor Brownback has responded to the editorial; see Kansas Governor responds to the Times.)

The Times editorial board doesn’t say how it calculated the 16.5 percent decline in spending, but it’s likely that it used only base state aid per pupil, which is the starting point for the Kansas school finance formula. Much more spending is added to that. A nearby table holds spending figures for recent years, and a similar chart with inflation-adjusted figures may be found in Kansas school spending rises.

kansas-school-spending-2013-10-table-02

Perhaps the Times didn’t notice that at the time base state aid was falling, total state spending on schools rose. Base state aid per pupil, adjusted for inflation, is lower than it was during the previous decade. Total Kansas state spending on schools, however, has recovered to the same level as 2006, in inflation-adjusted dollars.

Total state aid per pupil this past school year was $6,984. Base state aid per pupil was $3,838. Total state spending, therefore, was 1.82 times base state aid. It’s important to consider the totality of spending and not just base state aid. It’s important because total spending is so much greater than base state aid. Also, total spending accounts for some of the difficulties and expenses that schools cite when asking for higher spending.

For example, advocates for higher school spending often point to non-English speaking students and at-risk students as being expensive to educate. In recognition of this, the Kansas school finance formula makes allowances for this. According to the Kansas Legislator Briefing Book for 2013, the weighting for “full-time equivalent enrollment in bilingual education programs” is 0.395. This means that for each such student a school district has, an additional 39.5 percent over base state aid is given to the district.

For at-risk pupils, the weighting is 0.456. At risk students, according to the briefing book, “are determined on the basis of at-risk factors determined by the school district board of education and not by virtue of eligibility for free meals.”

Taken together, bilingual students considered to be at-risk generate an additional 85.1 percent of base state aid to be sent to the district, per student.

Teachers and class sizes

The Times wrote that under Brownback, Kansas experienced “teacher layoffs and larger class sizes.” Figures from the Kansas State Department of Education tell a different story. Considering the entire state, two trends emerge. For the past two years, the number of teachers employed in Kansas public schools has risen. Correspondingly, the pupil-teacher ratio has fallen.

Kansas school employment

The trend for certified employees is a year behind that of teachers, but for the last year, the number of certified employees has risen, and the ratio to pupils has fallen. Pupil-teacher ratio is not the same as class size, but it’s the data we have.

Here’s the question we need to answer: If school districts have been able to hire more teachers and other certified employees, and if the student to teacher ratio is improving at the same time, but there are still high class sizes, what are school districts doing with these teachers and employees?

Kansas school employment ratios

By the way, the Times editorial writers might be interested in learning that the declines in school employment occurred during the administrations of Kathleen Sebelius and Mark Parkinson, Democrats both.

I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts. Click here for the visualization of employment levels. Click here for the visualization of ratios (pupil-teacher and pupil-certified employee).

If the Times really wanted to help Kansas schoolchildren from being shortchanged, it might have noticed that at a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state weakened its already low standards for schools. This is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales. More about that can be found in Why are Kansas school standards so low?

Another thing the Times could have done to increase the public’s awareness of the performance of Kansas schools is to investigate why Kansas schools perform relatively well on national tests. I and others have done this; see Kansas school test scores, a hidden story and Kansas and Texas schools and low-income students.

A learning opportunity for Wichita

Next month the Wichita Metro Chamber of Commerce brings a speaker to town who might be able to offer Wichita helpful advice. As reported in the Wichita Business Journal, “Jim Clifton, the chairman and CEO of Gallup Inc., says cities that create a culture of entrepreneurial development are the ones succeeding today.”

Clifton is the author of The Coming Jobs War. Here’s material from the inside flap of this 2011 book:

WHAT EVERYONE IN THE WORLD WANTS IS A GOOD JOB

In a provocative book for business and government leaders, Gallup Chairman Jim Clifton describes how this undeniable fact will affect all leadership decisions as countries wage war to produce the best jobs.

Leaders of countries and cities, Clifton says, should focus on creating good jobs because as jobs go, so does the fate of nations. Jobs bring prosperity, peace, and human development — but long-term unemployment ruins lives, cities, and countries.

Creating good jobs is tough, and many leaders are doing many things wrong. They’re undercutting entrepreneurs instead of cultivating them. They’re running companies with depressed workforces. They’re letting the next generation of job creators rot in bad schools.

A global jobs war is coming, and there’s no time to waste. Cities are crumbling for lack of good jobs. Nations are in revolt because their people can’t get good jobs. The cities and countries that act first — that focus everything they have on creating good jobs — are the ones that will win.

visioineering-wichita-video-thumbnail

It sounds like Clifton has some good advice that Wichita could follow in two areas: Fostering entrepreneurship and improving schools. Wichita certainly needs help in creating jobs. In the nearby video, the record of job growth for Wichita, the nation, and our Visioneering peers (Kansas City, Omaha, Oklahoma City, and Tulsa) is presented. (Click here to watch the video on YouTube, which may work best.) If you don’t have time to watch, I’ll let you know that Wichita performs badly in this comparison. In last place, that is.

why-kansas-school-standards-low-video

Regarding schools, the record of Kansas schools is not as good as it first appears if we look beyond a simple comparison of NAEP scores with other states. As shown in Kansas school test scores, a hidden story, Kansas trails Texas in most areas of comparison. Further, the National Center for Education Statistics, in the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales, found that Kansas had weakened some of its standards. NCES judged Kansas’ standards as being low to begin with, and then they were lowered farther. This was during the years immediately after the Kansas Supreme Court ordered higher school spending, and while the legislature complied with that order. See Why are Kansas school standards so low?

But our government leaders in Wichita and Kansas won’t recognize these facts, at least not publicly.

Entrepreneurship in Wichita

Wichita’s economic development policies are definitely stacked against the entrepreneur. As Wichita props up its established industries, it makes it more difficult for young firms to thrive. Wichita uses programs that are targeted investment in our economic future, our elected officials and bureaucrats believing that they have the ability to select which companies are worthy of public investment, and which are not. It’s a form of centralized planning by the state that shapes the future direction of the Wichita and Kansas economy.

These targeted economic development efforts fail for several reasons. First is the knowledge problem, in that government simply does not know which companies are worthy of public investment. This lack of knowledge, however, does not stop governments from creating policies for the awarding of incentives. This “active investor” approach to economic development is what has led to companies receiving grants or escaping hundreds of millions in taxes — taxes that others have to pay. That has a harmful effect on other business, both existing and those that wish to form.

Embracing Dynamism: The Next Phase in Kansas Economic Development Policy

Professor Art Hall of the Center for Applied Economics at the Kansas University School of Business is critical of this approach to economic development. In his paper Embracing Dynamism: The Next Phase in Kansas Economic Development Policy, Hall quotes Alan Peters and Peter Fisher: “The most fundamental problem is that many public officials appear to believe that they can influence the course of their state and local economies through incentives and subsidies to a degree far beyond anything supported by even the most optimistic evidence. We need to begin by lowering expectations about their ability to micro-manage economic growth and making the case for a more sensible view of the role of government — providing foundations for growth through sound fiscal practices, quality public infrastructure, and good education systems — and then letting the economy take care of itself.”

In the same paper, Hall writes this regarding “benchmarking” — the bidding wars for large employers: “Kansas can break out of the benchmarking race by developing a strategy built on embracing dynamism. Such a strategy, far from losing opportunity, can distinguish itself by building unique capabilities that create a different mix of value that can enhance the probability of long-term economic success through enhanced opportunity. Embracing dynamism can change how Kansas plays the game.”

In making his argument, Hall cites research on the futility of chasing large employers as an economic development strategy: “Large-employer businesses have no measurable net economic effect on local economies when properly measured. To quote from the most comprehensive study: ‘The primary finding is that the location of a large firm has no measurable net economic effect on local economies when the entire dynamic of location effects is taken into account. Thus, the siting of large firms that are the target of aggressive recruitment efforts fails to create positive private sector gains and likely does not generate significant public revenue gains either.'”

(For a summary of the peer-reviewed academic research that examines the local impact of targeted tax incentives from an empirical point of view, see Research on economic development incentives. A sample finding is “General fiscal policy found to be mildly effective, while targeted incentives reduced economic performance (as measured by per capita income).”

There is also substantial research that is it young firms — distinguished from small business in general — that are the engine of economic growth for the future. We can’t detect which of the young firms will blossom into major success — or even small-scale successes. The only way to nurture them is through economic policies that all companies can benefit from. Reducing tax rates for everyone is an example of such a policy. Abating taxes for specific companies through programs like IRB, EDX, PEAK, and HPIP are examples of precisely the wrong policy.

In explaining the importance of dynamism, Hall wrote: ” Generally speaking, dynamism represents persistent, annual change in about one-third of Kansas jobs. Job creation may be a key goal of economic development policy but job creation is a residual economic outcome of business dynamism. The policy challenge centers on promoting dynamism by establishing a business environment that induces business birth and expansion without bias related to the size or type of business.”

We need to move away from economic development based on this active investor approach, especially the policies that prop up our established companies to the detriment of dynamism. We need to advocate for policies — at Wichita City Hall, at the Sedgwick County Commission, and at the Kansas Statehouse — that lead to sustainable economic development. We need political leaders who have the wisdom to realize this, and the courage to act appropriately. Which is to say, to not act in most circumstances.

Kansas school employment trends

SchoolListening to Kansas school officials and some legislators, you’d think that Kansas schools had very few teachers left, and that students were struggling in huge classes. But statistics show that school employment has rebounded, both in terms of absolute numbers of teachers and certified employees, and also in the ratios of students to these employees. The following video explains. (Click here to view in high definition at YouTube.)

The story is not the same in every district. But considering the entire state, two trends emerge. For the past two years, the number of teachers employed in Kansas public schools has risen. Correspondingly, the student-teacher ratio has fallen. The trend for certified employees is a year behind that of teachers, but for the last year, the number of certified employees has risen, and the ratio to pupils has fallen.

Kansas school employment

It’s little wonder that Kansas government school spending defenders focus on school funding. If they were to talk about Kansas school performance, they’d have to confront two unpleasant realities. First, Kansas has set low standards for its schools, compared to other states. Then, when the Kansas Supreme Court ordered more spending in 2005, the state responded by lowering school standards further. Kansas school superintendents defend these standards.

Kansas school employment ratios

I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts. I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts. Click here for the visualization of employment levels. Click here for the visualization of ratios (pupil-teacher and pupil-certified employee). Data is from Kansas State Department of Education. Visualization created by myself using Tableau Public.

Brief filed in Kansas school finance case

Kansas Judicial Center in snowWalt Chappell has filed a brief providing argument and evidence relevant to the current Kansas school finance case. Many expect that the Kansas Supreme Court will rule by the end of the year so that the legislature may act without the uncertainty of a court ruling still in the future.

In a message accompanying his brief, Chappell explained his reasons for filing the brief. You may view the brief below after Chappell’s message, or click here to view in full screen mode at Scribd.

On Friday, September 6th, I filed the attached Amicus Brief with the Kansas Supreme Court in the Gannon school finance case. While serving as a member of the State Board of Education, I had the unique opportunity to gather longitudinal data which verifies that the $2 billion increase in K-12 funding over the past 10 years has not produced a measurable increase in student achievement.

The brief is short, but the data in the Appendices are powerful. After reading the analysis and legislative recommendations to increase productivity, it will be clear that there is absolutely no justification for increasing appropriations or raising taxes to give K-12 school districts significantly more money to spend.

There are bills already drafted which will save more per year than the $809 million demanded by the Gannon plaintiffs. By working together, Kansas leaders can make significant improvements in what and how we teach our children without massive increases in funding.

Hopefully the longitudinal data and analyses in this brief will be helpful as you write news stories about the Gannon case and school finance. This is a major issue and will increase taxes on all sectors of the state economy if the Court rules that more money is required without first implementing legislation to improve productivity and the effectiveness of how money is currently spent to educate Kansas children.

Why are Kansas school standards so low?

Row of lockers in school hallwayAt a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its already low standards for schools.

This is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales. NCES is the primary federal entity for collecting and analyzing data related to education in the U.S. and other nations, and is located within the U.S. Department of Education and the Institute of Education Sciences.

The mapping project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. As explained earlier this week in Kansas school standards and other states, Kansas standards are relatively low, compared to other states. This video explains. (View below, or click here to view in HD at YouTube.)

For Kansas, here are some key findings. First, NCES asks this question: “How do Kansas’s NAEP scale equivalent scores of reading standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

In other words, NCES judged that Kansas weakened its standards for reading performance.

A similar question was considered for math: “How do Kansas’s NAEP scale equivalent scores of mathematics standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the mathematics assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of its grade 8 standards decreased (the NAEP scale equivalent of its grade 4 standards did not change).”

Also: “Kansas made substantive changes to its mathematics grade 4 assessment between 2005 and 2009, but the NAEP scale equivalent of its grade 4 standards did not change.”

For mathematics, NCES judges that some standards were weakened, and some did not change.

In its summary of Kansas reading standards, NCES concluded: “In both grades, Kansas state assessment results showed more positive changes in achievement than NAEP results.” For mathematics, the summary reads: “In grade 4, Kansas state assessment results showed a change in achievement that is not different from that based on NAEP results. In grade 8, state assessment results showed a more positive change.”

In other words: In three of four instances, Kansas is claiming positive student achievement that isn’t apparent on national tests.

Kansas is not alone in weakening its standards during this period. It’s also not alone in showing better performance on state tests than on national tests. States were under pressure to show increased scores, and some — Kansas included — weakened their state assessment standards in response.

What’s important to know is that Kansas school leaders are not being honest with Kansans as a whole, and with parents specifically. In the face of these findings from NCES, Kansas Commissioner of Education Diane M. DeBacker wrote this in the pages of The Wichita Eagle: “Kansans are proud of the quality of their public schools, and a steady and continuing increase in student performance over the past decade has given us ample reason for that pride.” (Diane DeBacker : Pride in Kansas public schools is well-placed, March 20, 2012.)

A look at the scores, however, show that national test results don’t match the state-controlled tests that DeBacker touts. She controls these states tests, by the way. See Kansas needs truth about schools.

The same year a number of school district superintendents made a plea for increased funding in Kansas schools, referring to “multiple funding cuts.” (Reverse funding cuts, May 3, 2012 Wichita Eagle.) In this article, the school leaders claimed “Historically, our state has had high-performing schools, which make Kansas a great place to live, raise a family and run a business.”

These claims made by Kansas school leaders are refuted by the statistics that aren’t under the control of these same leaders. Before courts rule on school spending, and before we change Kansas school standards, we need to realize the recent stewardship of Kansas schools under current leadership.

Ask these questions before devoting more resources to Kansas public schools:

Why are Kansas school standards so low compared to other states?

Why did Kansas reduce its standards at the same time school spending was increasing?

Following are two examples of where Kansas school standards rank compared to other states. Click on them for larger versions.

naep-scale-equivalents-state-grade-4-reading-2009

Kansas Grade 4 Math Standards 01

Kansas school standards have changed

At a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its standards for schools. This video uses the “Mapping State Proficiency Standards Onto the NAEP Scales” report from the National Center for Education Statistics to show what Kansas has done to its educational standards. View below, or click here to view on YouTube, which may work better in some cases.

For background on this issue, see Kansas has lowered its school standards and More evidence of low Kansas school standards.

Other relevant articles include Kansas needs truth about schools, Kansas school superintendents defend low standards, and Kansas school test scores, in perspective.

For Kansas progressives, it’s all about school spending, not performance

Once again, Kansans are subjected to a rant by Kansas House of Representatives Democratic Leader Paul Davis. On Facebook, he continually complains about the lack of funding for Kansas schools, recently writing “What do you think is more important: tax cuts for millionaires or funding for your local school?”

paul-davis-facebook-2013-07-14

Here are some concepts I wish Davis would explain to his Facebook fans. This might be good practice as he considers a run for the Kansas governorship.

First, Kansas schools have increased employment.

Second, Kansas schools don’t spend all the money they’ve been given, and the pile of unspent cash continues to grow far beyond what is needed for cash flow management.

Third, everyone’s taxes have been cut in Kansas.

But here’s the worst thing Kansas has done. It’s a fact that Paul Davis won’t tell you, and it’s something that is very harmful for Kansas schoolchildren: At a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its standards for schools.

This is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales.

This project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. As explained in Kansas school standards and other states, Kansas standards are relatively low, compared to other states.

naep-reading-changes-2009-kansas

For Kansas, here are some key findings. First, NCES asks this question: “How do Kansas’s NAEP scale equivalent scores of reading standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

In other words, NCES judged that Kansas weakened its standards for reading performance.

naep-math-changes-2009-kansas

A similar question was considered for math: “How do Kansas’s NAEP scale equivalent scores of mathematics standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the mathematics assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of its grade 8 standards decreased (the NAEP scale equivalent of its grade 4 standards did not change).”

Also: “Kansas made substantive changes to its mathematics grade 4 assessment between 2005 and 2009, but the NAEP scale equivalent of its grade 4 standards did not change.”

For mathematics, NCES judges that some standards were weakened, and some did not change.

In its summary of Kansas reading standards, NCES concluded: “In both grades, Kansas state assessment results showed more positive changes in achievement than NAEP results.” For mathematics, the summary reads: “In grade 4, Kansas state assessment results showed a change in achievement that is not different from that based on NAEP results. In grade 8, state assessment results showed a more positive change.”

In other words: In three of four instances, Kansas is claiming positive student achievement that isn’t apparent on national tests.

Kansas is not alone in weakening its standards during this period. It’s also not alone in showing better performance on state tests than on national tests. States were under pressure to show increased scores, and some — Kansas included — weakened their state assessment standards in response.

What’s important to know is that Kansas school leaders are not being honest with Kansans as a whole, and with parents specifically. In the face of these findings from NCES, Kansas Commissioner of Education Diane M. DeBacker wrote this in the pages of The Wichita Eagle: “One of the remarkable stories in Kansas education is student achievement. For 10 years straight, Kansas public school students have shown improvement on state reading and math assessments.” (Thank teachers for hard work, dedication, May 27, 2011.)

A look at the scores, however, show that national test results don’t match the state-controlled tests that DeBacker touts. She controls these states tests, by the way. See Kansas needs truth about schools.

A year later a number of school district superintendents made a plea for increased funding in Kansas schools, referring to “multiple funding cuts.” (Reverse funding cuts, May 3, 2012 Wichita Eagle.) In this article, the school leaders claimed “Historically, our state has had high-performing schools, which make Kansas a great place to live, raise a family and run a business.”

These claims made by Kansas school leaders are refuted by the statistics that aren’t under the control of these same leaders.

I wonder why Paul Davis doesn’t write about these topics on Facebook.

Kansas school employment trends are not what you’d expect

Listening to Kansas school officials and legislators, you’d think that Kansas schools had very few teachers left, and that students were struggling in huge classes. But statistics from the state show that school employment has rebounded, both in terms of absolute numbers of teachers and certified employees, and the ratios of pupils to these employees.

Kansas school employment

The story is not the same in every district. But considering the entire state, two trends emerge. For the past two years, the number of teachers employed in Kansas public schools has risen. Correspondingly, the pupil-teacher ratio has fallen.

Kansas school employment ratios

The trend for certified employees is a year behind that of teachers, but for the last year, the number of certified employees has risen, and the ratio to pupils has fallen.

By the way, the declines in school employment occurred during the administrations of Kathleen Sebelius and Mark Parkinson, Democrats both.

Facts like these may not have yet reached those like Kansas House of Representatives Democratic Leader Paul Davis. On Facebook, he continually complains about the lack of funding for Kansas schools.

paul-davis-facebook-2013-04-14

It’s little wonder that Davis and others focus exclusively on Kansas school funding. If they were to talk about Kansas school performance, they’d have to confront two unpleasant realities. First, Kansas has set low standards for its schools, compared to other states. Then, when the Kansas Supreme Court ordered more spending in 2005, the state responded by lowering school standards further. Kansas school superintendents defend these standards.

I’ve created interactive visualizations that let you examine the employment levels and ratios in Kansas school districts. Click here for the visualization of employment levels. Click here for the visualization of ratios (pupil-teacher and pupil-certified employee).

Data is from Kansas State Department of Education. Visualization created by myself using Tableau Public.

Kansas school fund balances on the rise

SchoolAs the Kansas Supreme Court considers ordering more school spending, and as school spending boosters continue their never-ending mantra that school spending has been slashed, an inconvenient fact remains constant: Kansas schools don’t spend all the money they’ve been given, and the pile of unspent cash continues to grow, although it leveled off in the most recent year for which there is data.

In 2011, the Kansas Policy Institute commented on these funds and the rising balances: “We continue to hear about schools choosing to cut classroom spending, but many districts are not spending all of their state and local tax income. These funds operate much like personal checking accounts; the unencumbered balances only increase when income is greater than spending. It will be interesting to see how Kansas school districts use the new authority they have which makes it easier to spend down these balances.”

School district officials contend that school districts need to maintain fund balances for cash management purposes. That’s true, but it doesn’t explain why the fund balances have risen — and risen rapidly — year after year.

I’ve gathered data about unspent Kansas school funds and presented it as an interactive visualization. Explore the data yourself by using the visualization below, or click here to open it in a new window, which may work better for some people. Data is from Kansas State Department of Education. Visualization created by myself using Tableau Public.

Kansas has lowered its school standards

At a time when Kansas was spending more on schools due to an order from the Kansas Supreme Court, the state lowered its standards for schools.

This is the conclusion of the National Center for Education Statistics, based on the most recent version of Mapping State Proficiency Standards Onto the NAEP Scales.

This project establishes a relationship between the tests each state gives to assess its students and the National Assessment of Education Progress, a test that is the same in all states. As explained earlier this week in Kansas school standards and other states, Kansas standards are relatively low, compared to other states.

naep-reading-changes-2009-kansas

For Kansas, here are some key findings. First, NCES asks this question: “How do Kansas’s NAEP scale equivalent scores of reading standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the reading assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of both its grade 4 and grade 8 standards decreased.

Also: “Kansas made substantive changes to its reading grade 8 assessment between 2005 and 2009, and the NAEP scale equivalent of its grade 8 standards decreased.

In other words, NCES judged that Kansas weakened its standards for reading performance.

naep-math-changes-2009-kansas

A similar question was considered for math: “How do Kansas’s NAEP scale equivalent scores of mathematics standards for proficient performance at grades 4 and 8 in 2009 compare with those estimated for 2005 and 2007?”

For Kansas, the two answers are this (emphasis added):

“Although no substantive changes in the mathematics assessments from 2007 to 2009 were indicated by the state, the NAEP scale equivalent of its grade 8 standards decreased (the NAEP scale equivalent of its grade 4 standards did not change).”

Also: “Kansas made substantive changes to its mathematics grade 4 assessment between 2005 and 2009, but the NAEP scale equivalent of its grade 4 standards did not change.”

For mathematics, NCES judges that some standards were weakened, and some did not change.

In its summary of Kansas reading standards, NCES concluded: “In both grades, Kansas state assessment results showed more positive changes in achievement than NAEP results.” For mathematics, the summary reads: “In grade 4, Kansas state assessment results showed a change in achievement that is not different from that based on NAEP results. In grade 8, state assessment results showed a more positive change.”

In other words: In three of four instances, Kansas is claiming positive student achievement that isn’t apparent on national tests.

Kansas is not alone in weakening its standards during this period. It’s also not alone in showing better performance on state tests than on national tests. States were under pressure to show increased scores, and some — Kansas included — weakened their state assessment standards in response.

What’s important to know is that Kansas school leaders are not being honest with Kansans as a whole, and with parents specifically. In the face of these findings from NCES, Kansas Commissioner of Education Diane M. DeBacker wrote this in the pages of The Wichita Eagle: “One of the remarkable stories in Kansas education is student achievement. For 10 years straight, Kansas public school students have shown improvement on state reading and math assessments.” (Thank teachers for hard work, dedication, May 27, 2011.)

A look at the scores, however, show that national test results don’t match the state-controlled tests that DeBacker touts. She controls these states tests, by the way. See Kansas needs truth about schools.

A year later a number of school district superintendents made a plea for increased funding in Kansas schools, referring to “multiple funding cuts.” (Reverse funding cuts, May 3, 2012 Wichita Eagle.) In this article, the school leaders claimed “Historically, our state has had high-performing schools, which make Kansas a great place to live, raise a family and run a business.”

These claims made by Kansas school leaders are refuted by the statistics that aren’t under the control of these same leaders. Before courts rule on school spending, and before we change Kansas school standards, we need to realize the recent stewardship of Kansas schools under current leadership.

Kansas school standards and other states

Do those who call for more Kansas school spending defend the standards Kansas applies to these schools?

Row of lockers in school hallway

As Kansas attempts to position its economy for growth by reducing taxes, we’re told that Kansas risks letting its public schools decay. Consider the editorial Legislators, Brownback renege on promises to get done with session in the Hutchinson News: “And so Kansas continues down a path to fulfill Brownback’s vision of a no-income-tax state. Meanwhile, we also will accept mediocre public schools and universities and inadequate services to disadvantaged Kansans who at the same time will shoulder more of the tax burden.”

This is typical of the defense of Kansas school spending: Kansas schools have been doing a good job compared to other states, and under difficult circumstances because we don’t spend near enough. We must spend more, we are told by the school spending interests, and soon the Kansas Supreme Court may add its voice.

But before we decide to invest more in our state’s public schools, shouldn’t we learn whether Kansas has been holding its schools to high standards?

Kansas school standards

NAEP scale equivalents of state grade 4 reading standards for proficient performance, by state: 2009

When talking about the quality of Kansas schools, the first thing to realize is that Kansas has set low standards for its schools, compared to other states. The nearby illustration (click for larger version) maps state test scores onto the National Assessment of Education Progress, a test that is the same in all states. Fourth grade reading is presented in this illustration. States on the right side of the chart have higher standards than those to their left. Note where Kansas appears: Only seven states appear to its left, meaning that Kansas has very low standards for fourth grade reading.

In other subject areas and other grades, Kansas appears a little further to the right. But in no case does Kansas appear above the midpoint.

Despite these facts, last year Kansas school superintendents claimed in an editorial that “Historically, our state has had high-performing schools, which make Kansas a great place to live, raise a family and run a business.” Most newspaper editorial writers believe that without looking at the actual situation. See Despite superintendents’ claim, Kansas schools have low standards for more on this topic.

National test scores

It’s often expressed that Kansas ranks well on the National Assessment of Education Progress, a test that is the same in all states. Kansas school administrators take pride in mentioning this.

Consider fourth grading reading, an important benchmark. Kansas ranks 17th among the states, with eight performing significantly better than Kansas, and 21 with no significant difference from Kansas. If you stopped looking at this point, you might conclude, as do most Kansas newspaper editorial writers, that Kansas has good schools.

But consider white students alone. In this case, Kansas ranks 25th among the states, with 11 performing significantly better than Kansas, and 24 not significantly different.

If we look at black students alone, Kansas ranks 26th among the states, with six performing significantly better than Kansas, and 37 not significantly different.

Considering Hispanic students alone, Kansas ranks 17th among the states, with six performing significantly better than Kansas, and 34 not significantly different.

Because different ethnic groups tend to perform at different levels on the NAEP test, and because states have different mixes of ethnic groups, aggregated statistics can hide an important underlying story. In this case, we see that Kansas schools don’t rank as high as naive supporters believe.

Kansas and National NAEP Scores, 2011, by Ethnicity and Race

For another look at how aggregated data can mask important stories, see Kansas school test scores, in perspective, were the statistics show that Kansas students score better than Texas students, as most Kansans probably believe. But, Texas white students score better than Kansas white students, Texas black students score better than Kansas black students, and Texas Hispanic students score better than or tie Kansas Hispanic students. The same pattern holds true for other ethnic subgroups.

As lawmakers, Kansas judges should be selected democratically

Kansas Judicial Center in snowWhile many believe that judges should not “legislate from the bench,” that is, make law themselves, the reality is that lawmaking is a judicial function. In a democracy, lawmakers should be elected under the principle of “one person, one vote.” But Kansas, which uses the Missouri Plan for judicial selection to its two highest courts, violates this principle.

A recent paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the process used in Kansas. The paper is titled Originalism, Balanced Legal Realism and Judicial Selection: A Case Study and may be downloaded at no charge. The Kansas courts that use the judicial selection described in the paper are the Kansas Court of Appeals and the Kansas Supreme Court.

At issue is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process. Ware explains: “This realist view that statutory interpretation often involves ‘substantial judicial discretion’ and therefore constitutes ‘judicial lawmaking, not lawfinding,’ had by the 1950s, ‘become deeply rooted.'”

A “‘balanced realism,’ to use Brian Tamanaha’s appealing label, recognizes both that judges’ policy preferences have little or no influence on many judicial decisions and that judges’ policy preferences have a significant influence on other judicial decisions. Empirical studies tend to support this balanced view.” In other words, there is some role for ideology in making judicial decisions. Politics, therefore, is involved. Ware quotes Charles Gardner Geyh: “In a post-realist age, the ideological orientation of judicial aspirants matters.” And the higher the court, the more this matters.

Since judges function as lawmakers, they ought to be selected by a democratic process. In the Kansas version of the Missouri Plan, a nominating commission dominated by lawyers selects three candidates to fill an opening on the Kansas Court of Appeals or Kansas Supreme Court. The governor then selects one of the three, and the process is over. A new judge is selected. This process gives members of the state’s bar tremendous power in selecting judges.

Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. In one, a workers’ compensation case, the employee would lose his appeal if the “clear” precedent was followed. Justice Carol A. Beier wrote the opinion. Ware explains:

But this is not, in fact, what Justice Beier and her colleagues on the Kansas Supreme Court did. Rather they did what Kansas Judges Greene and Russell say never happens. Justice Beier and her colleagues engaged in lawmaking. They changed the legal rule from one contrary to their ideologies to one consistent with their ideologies.

Justice Beier’s opinion doing this started by criticizing the old rule, while acknowledging that it was, in fact, the rule prior to her opinion by which the Supreme Court made new law. Here again is the above quote from Coleman, but now with the formerly omitted words restored and italicized: “The rule is clear, if a bit decrepit and unpopular: An injury from horseplay does not arise out of employment and is not compensable unless the employer was aware of the activity or it had become a habit at the workplace.”

Who decided that this rule is “decrepit and unpopular” and so should be changed? Was it the Kansas Legislature? No, it was the Kansas Supreme Court. It was judges, not legislators, who decided that this legal rule was bad policy. It was judges, not legislators, who changed the law to bring it in line with what the lawmaking judges thought was good policy.

Beier wrote in her opinion: “We are clearly convinced here that our old rule should be abandoned. Although appropriate for the time in which it arose, we are persuaded by the overwhelming weight of contrary authority in our sister states and current legal commentary.”

The result: New Kansas law, made by people selected through an undemocratic process.

In conclusion, Ware writes:

Non-lawyers who believe in the principle that lawmakers should be selected democratically need to know that judicial selection is lawmaker selection to be troubled by the Missouri Plan’s violation of this principle. Non-lawyers who do not know that judges inevitably make law may believe that the role of a judge consists only of its professional/technical side and, therefore, believe that judges should be selected entirely on their professional competence and ethics and that assessments of these factors are best left to lawyers. In short, a lawyer who omits lawmaking from a published statement about the judicial role is furthering a misimpression that helps empower lawyers at the expense of non-lawyers, in violation of basic democratic equality, the principle of one-person, one-vote.

Prospects for Kansas

In Kansas, the process for selecting judges to the Kansas Court of Appeals is governed by statute, and can be changed by the legislature and governor. Last year the House of Representatives passed a bill to reform the process, but it was blocked by Senate Judiciary Chair Tim Owens. He said “I think this is the first time I did not hear a bill because I thought it was so bad. This is a terrible, terrible bill that’s hated by the courts; it’s an attempt to take over control of the courts.”

Owens, who ranked as the least friendly senator to economic freedom in the 2012 edition of the Kansas Economic Freedom Index, lost his bid for re-election in the August primary election. Many of the other moderate Republicans who voted against reform also lost their primary election contest.

Owens, it should be noted, is an attorney, and is therefore a member of the privileged class that has outsize power in selecting judges.

Sometimes legislators are simply uninformed or misinformed on judicial selection. An example is Jean Schodorf, who lost a re-election bid in August. In an interview, she was quoted as saying “We thwarted changes to judicial selection that would have allowed the governor to have the final say in all judicial selections.”

The bill that the senate voted on, and the one that Owens killed the year before, called for Court of Appeals judges to be appointed by the governor, with the consent of the senate. It’s actually the senate that has the final say.

Newspaper editorial writers across Kansas are mostly opposed to judicial selection reform. An example is Rhonda Holman of the Wichita Eagle, who in 2010 wrote: “Some critics may have a beef with past court decisions, perhaps even a legitimate one — which is no surprise, given that judicial decisions pick winners and losers. But they also may be motivated by politics — which is a problem, given that the judiciary is supposed to be fair, impartial and independent. In the absence of a strong case for change, Kansas should stick with what works.”

With the change in composition of the Kansas Senate, the climate is more favorable for reform for the way judges are selected for the Kansas Court of Appeals. The law governing how judges for the Kansas Supreme Court are selected is in the Kansas Constitution, and would require an amendment to alter the process. Such an amendment requires a two-thirds vote in both chambers of the Kansas Legislature, and then a simple majority vote of the people.

By the way: For those who criticize the support for judicial selection reform as pure power politics, since Kansas has a conservative governor, remember this: When Professor Ware sounded the need for reform and convinced me of the need, our governor was the liberal Kathleen Sebelius. There was also a liberal senate at that time, one which would undoubtedly have rubberstamped any nominee Sebelius might have sent for confirmation.

Originalism, Balanced Legal Realism and Judicial Selection: A Case Study
By Stephen J. Ware

Abstract: The “balanced realist” view that judging inevitably involves lawmaking is widely accepted, even among originalists, such as Justice Scalia, Randy Barnett and Steven Calabresi. Yet many lawyers are still reluctant to acknowledge publicly the inevitability of judicial lawmaking. This reluctance is especially common in debates over the Missouri Plan, a method of judicial selection that divides the power to appoint judges between the governor and the bar.

The Missouri Plan is one of three widely-used methods of selecting state court judges. The other two are: (1) direct election of judges by the citizenry, and (2) appointment of judges by democratically elected officials, typically the governor and legislature, with little or no role for the bar. Each of these two methods of judicial selection respects a democratic society’s basic equality among citizens — the principle of one-person, one-vote. In contrast, the Missouri Plan violates this principle by making a lawyer’s vote worth more than another citizen’s vote.

This Article provides a case study of the clash between the inevitability of judicial lawmaking and the reluctance of lawyers to acknowledge this inevitability while defending their disproportionate power under the Missouri Plan. The Article documents efforts by lawyers in one state, Kansas, to defend their version of the Missouri Plan by attempting to conceal from the public the fact that Kansas judges, like judges in the other 49 states, inevitably make law. The case study then shows examples of Kansas judges making law. The Article concludes that honesty requires lawyers participating in the debate over judicial selection in the United States to forthrightly acknowledge that judges make law. Lawyers who seek to defend the power advantage the Missouri Plan gives them over other citizens can honestly acknowledge that this is a power advantage in the selection of lawmakers and then explain why they believe a departure from the principle of one-person, one-vote is justified in the selection of these particular lawmakers.

The complete paper may be downloaded at no charge here.

Kansans’ views on role of government

Kansas Policy Institute

Kansas Policy Institute has released the results of a public opinion poll asking Kansans for their views on some issues that are currently in the news. Following is KPI’s press release:

Kansans’ Views on the Role of Government
K-12 funding should be based on efficient use of taxpayer funds; narrow opposition to judicial reform; overwhelming support for “paycheck protection”

Wichita — A new statewide public opinion survey shows strong support for having K-12 funding decisions based on efficient and effective use of taxpayer funds. This is especially noteworthy in light of the fact that no study has ever been conducted in Kansas to determine what it costs to achieve required student outcomes and have schools organized and operating in a cost-effective manner. The survey was conducted by SurveyUSA on behalf Kansas Policy Institute between January 24 and January 27; 500 adults were surveyed with a ±4.5% margin of error. The complete survey and interactive crosstabulations are available here.

Asked whether cost-effectiveness should be the basis for school funding decisions, 74% agreed and only 23% disagreed. Responses were very consistent across political and ideological lines.

Participants were also asked “If the Kansas Legislature is not basing school funding decisions on what it costs to hit required achievement levels and also have schools operating in a cost-effective manner, should the Legislature conduct such a study and fund schools accordingly?” A strong majority, 59% said “yes” while only 19% said “no.” Again, responses were very consistent across political and ideological lines.

The Shawnee County District Court based its recent school finance ruling on the 2005 Montoy decision, in which the State Supreme Court relied on a flawed 2001 Augenblick & Myers cost study. A&M admitted they deviated from their standard methodology and threw efficient use of taxpayer money out the window. A follow-up study by Legislative Post Audit very specifically said that they “… weren’t directed to, nor did we try to, examine the most cost-effective way for Kansas school districts to be organized and operated.”

KPI president Dave Trabert said, “In addition to funding schools, legislators also have a responsibility to ensure that taxpayer money is used efficiently. Lawsuits and hundreds of millions more in taxpayer funding have … and will continue to have .. little impact on student achievement. The only way to determine whether schools are effectively and efficiently funded is to conduct a thorough student-focused review of the current system examining all of the inputs (not just money), make any necessary adjustments and cost it out.”

Key findings on Judicial and Court Questions
A series of questions relating to the courts produced much more divided opinions. Kansans believe that courts should not have final say on how much money is spent on public education (54% vs. 44%) and courts should not have final say on the specific way that money is spent on education (56% vs. 40%). Interesting though, 54% of Kansans believe it is “… in citizens’ best interests to have judges recommended for appointment to the Kansas Supreme Court and the Court of Appeals by a majority-attorney panel” while 39% disagree.

Even self-identified conservatives narrowly said the current system of appointing judges is in citizens’ best interest (46% vs. 45%) while self-identified moderates and liberals expressing stronger support (53% vs. 41% and 69% vs. 23%, respectively).

Key findings on Paycheck Protection proposals
Proposed legislation that would prohibit government from collecting and remitting voluntary union dues intended to be used for political purposes is an extremely controversial topic this year — but apparently, only in the state capitol. Kansans of all political and ideological persuasion overwhelming support some form of change in the current practice.

Asked whether governments should continue the current practice of withholding union dues, including the portion that is used for political purposes … or withhold regular membership dues only, so that employees wishing to contribute money for political purposes would write their own personal checks … or withhold no union dues, even self-identified government employees and union members say current practice should change.

Kansas judicial selection reform: Testimony

Kansas University School of Law Professor Stephen J. Ware is at the forefront of making the reasoned case as to why Kansas needs to reform the way it selects judges to its two highest courts. He recently testified on this matter before a committee of the Kansas Legislature.

The opening of his testimony makes the case for bringing democracy to Kansas judicial selection:

No one can become a justice on the Kansas Supreme Court without being one of the three finalists chosen by the Kansas Supreme Court Nominating Commission. The Commission is the gatekeeper to the Kansas Supreme Court. However, the Commission is selected in a shockingly undemocratic way.

Most of the members of the Commission are picked in elections open to only about 10,000 people, the members of the state bar. The remaining 2.9 million people in Kansas have no vote in these elections.

This violates basic equality among citizens, the principle of one-person, one-vote. The current system concentrates tremendous power in one small group and treats everyone else like second-class citizens. In a democracy, a lawyer’s vote should not be worth more than any other citizen’s vote. As Washburn University School of Law professor Jeffrey Jackson wrote, democratic legitimacy “would appear to favor a reduction in the influence of the state bar and its members over the nominating commission, because they do not fit within the democratic process.”

Ware’s testimony was offered in support of SCR 1601. This measure would change the system so that judges on the Kansas Court of Appeals and Kansas Supreme Court are nominated by the governor and confirmed (or not) by the senate. Judges would stand for retention elections every six years, as they do now.

Ware recently appeared on the KAKE Television public affairs program This Week in Kansas. Video may be viewed at Kansas judicial selection: The need for reform.

Kansas judicial selection: The need for reform

Kansas University School of Law Professor Stephen J. Ware appeared on the KAKE Television public affairs program This Week in Kansas to discuss the method of judicial selection in Kansas. Phil Journey and Chapman Rackaway appear as panelists. Tim Brown is the host.

In today’s debate the issue of judicial selection reform is usually characterized as strictly political. Now that Kansas has a conservative governor and a conservative legislature, it is said that conservatives want to remake the courts to suit their ideology.

That may be the motivation for many. But Professor Ware has advocated for reform for a long time, favoring a system of appointment by the governor with confirmation by the senate. Ware’s 2007 research paper on this matter, published by the Federalist Society, may be read at Selection to the Kansas Supreme Court. The opening sentence of this report starkly states the singular character of the process in Kansas: “Kansas is the only state in the union that gives the members of its bar majority control over the selection of state supreme court justices.”

At the time Ware wrote this paper and convinced me of the need for reform, Democrat Kathleen Sebelius had just been re-elected Kansas Governor. The senate — which would confirm the governor’s appointments — was firmly in the control of political liberals and moderates who would be sure to rubberstamp her pick. Rubberstamp — that’s a word we see used today by progressives to describe the machinery of Kansas politics at the state level.

Another paper by Ware explains the problem with the process used in Kansas. The paper is titled Originalism, Balanced Legal Realism and Judicial Selection: A Case Study and may be downloaded at no charge.

Reaction to Kansas State of the State Address, 2013

Governor Sam Brownback delivered his State of the State Address on January 15, 2013. The as-prepared text of the address may be read here.

Americans for Prosperity-Kansas:

“Americans for Prosperity-Kansas continues to support the eventual elimination of the income tax in Kansas, and we applaud Gov. Brownback for making this a priority in 2013″” said AFP-Kansas state director Derrick Sontag. “We would support a trigger mechanism for future rate reductions in the proposal rather than legislators continuing to seek a reduction in the rate every year.

“We have no doubt that continued reductions in the income tax rate will help create economic activity, expand the tax base and create jobs.

“We’re coming off a years-long cycle in which excessive government spending stifled Kansas families and resulted in stagnant population growth, taxpayers migrating to other states, and the loss of tens of thousands of private sector jobs. The Governor said it best when he pointed out that some choose to grow spending rather than jobs.

“We look forward to working with legislators and the Governor in the coming session on other important areas of reform such as judicial selection — giving citizens of Kansas more direct input in the judges who sit on the Kansas Supreme Court and Kansas Court of Appeals. Senate confirmation or elections of judges would certainly create a more transparent process that is accountable to the people.”

Senate Democratic Leader Anthony Hensley and House Democratic Leader Paul Davis issued the following statement. Hensley is wrong about the school spending figures, as I report in Kansas Democrats wrong on school spending.

“Governor Brownback’s $2.5 billion dollar self-inflicted budget shortfall, a result of his irresponsible tax policy, has brought Kansas to the edge of its own fiscal cliff. He has brought Washington, D.C. politics to Kansas, and they do not belong here,” said Hensley. “Four months into office, he signed the single largest cut to public education in Kansas history. In just three school years, statewide funding for K-12 education was cut nearly $442 million, or a cut of $620 per child. It is no surprise that a three-judge panel issued its ruling last Friday that the Legislature isn’t meeting its K-12 school funding duty under the Kansas Constitution. Members of the Legislature took an oath just yesterday swearing to uphold the Constitution of Kansas. What is our oath worth if we renege on our constitutional duty to adequately and fairly fund our schools?”

The 2013 legislative session will likely be marked by three major issues: a budget deficit created by tax breaks for the wealthy and big corporations, a court order to restore funding to Kansas public schools and a fundamental debate over checks and balances in Kansas.

“Democrats want to be part of the solution to this problem, but we cannot support proposals that make the gap between the rich and the middle class even wider. The most troubling part of the Brownback Agenda is the extent to which it brings Washington-style politics to Kansas. We need Kansas based solutions to our Kansas problems, which means funding for Kansas schools, lower property taxes, and proposals to create good paying jobs for middle class families,” said Davis.

Some tweets:

Someone doesn’t understand the difference between “deductible” and “refundable”:

Winners and losers in Kansas school finance lawsuit

Who are the winners and losers now that the decision in Gannon vs. Kansas — better known as the Kansas school finance lawsuit — has been reached?

The decision reached by the court is that Kansas schools are unconstitutionally underfunded. While it is most commonly reported that the decision requires Kansas to spend an additional $440 million per year on schools, the actual amount of increased spending will be $594 million per year. This is because of the mechanism of the local option budget, according to Kansas Policy Institute. The decision is being appealed to the Kansas Supreme Court.

The winners are the Kansas school spending establishment. These are the people who are devoted to spending more on Kansas schools — without regard to need, or whether the spending increases student achievement, or whether the spending is harmful to the Kansas economy. The main cheerleader for this team is Kansas National Education Association (KNEA), our state’s teachers union. Although not a party to the suit, Kansas Association of School Boards (KASB) is a winner, too. Kansans should remember a story told by Kansas House of Representatives member Arlen Siegfreid of a conversation he had with KASB lobbyist Mark Tallman: “During our discussion I asked Mr. Tallman if we (the State) had the ability to give the schools everything he asked for would he still ask for even more money for schools. His answer was, ‘Of course, that’s my job.'”

An obvious group of losers is Kansas taxpayers. Obviously.

The people who truly lost, and who will suffer the most from the court’s decision, are Kansas schoolchildren. That’s because most people believe the problems with Kansas schools — whatever they are — can be solved with more spending. Certainly that’s the position taken by school system bureaucrats and others who benefit from increased school spending.

These advocates for spending conveniently ignore that school spending has been on a long upward trajectory, while at the same time test scores are steady or even falling in some cases. But school spending is an easy issue. Appeals that tug on heartstrings — “It’s for the kids” — are easy to make. And it’s easy to spend more on schools — at least easier than the real reforms that will help Kansas schoolchildren.

The relevant part of the Kansas Constitution states: “The legislature shall make suitable provision for finance of the educational interests of the state.” It’s a good thing for the state’s education bureaucracy the Constitution doesn’t say “the state shall provide a suitable education.” We’d be in a lot of trouble.

The state of Kansas schools

Those who think Kansas schools are doing well should compare Kansas NAEP scores with those of Texas. See Kansas school test scores, in perspective for an explanation of why Kansas test scores seem to be much better than other states.

Kansas Commissioner of Education Diane DeBacker has written that she is proud of student achievement in Kansas: “Since 2001, the percentage of students statewide who perform in the top three levels on state reading assessments has jumped from about 60 percent to more than 87 percent. In math, the jump has been from just more than 54 percent to nearly 85 percent.”

This rise in performance, however, is only on tests that the Kansas education establishment controls. On every measure of student performance that I know of that is independent, this rising trend in student achievement does not appear. In some measures, for some recent years, the performance of Kansas students has declined.

How can it be that one series of tests scores are rising, but not others? Kansas school administrators don’t have a good answer for this. But there is a good reason: The Kansas test scores are subject to manipulation for political reasons.

In 2006 Kansas implemented new tests, and the state specifically warns that comparisons with previous years — like 2001 — are not valid. A KSDE document titled Kansas Assessments in Reading and Mathematics 2006 Technical Manual states so explicitly: “As the baseline year of the new round of assessments, the Spring 2006 administration incorporated important changes from prior KAMM assessments administered in the 2000 — 2005 testing cycle. Curriculum standards and targets for the assessments were changed, test specifications revised, and assessed grade levels expanded to include students in grades 3-8 and one grade level in high school. In effect, no comparison to past student, building, district, or state performance should be made.” (emphasis added.)

Despite this warning, DeBacker and Kansas school superintendents make an invalid statistical comparison. This is not an innocent mistake. This is an actual example of — turning the superintendents’ quote on themselves — “data that was used out of context, completely misrepresenting the truth.”

On other tests, only 28 percent of Kansas students are ready for college-level work in all four subjects the ACT test covers. While this result was slightly better than the national average, it means that nearly three-fourths of Kansas high school graduates need to take one or more remedial college courses.

School spending advocates also take advantage of the fact that citizens are generally misinformed on Kansas school spending. When asked about the level of spending on public schools in Kansas, citizens are generally uninformed or misinformed. They also incorrectly thought that spending has declined in recent years.

Kansas school standards

Last summer Kansas schools received a waiver from participating in the No Child Left Behind program. KSDE reported: “Another key component of the state’s waiver is related to evaluating teachers and school leaders. Among the criteria for achieving a waiver request was implementing an evaluation system that includes student achievement as a significant factor in the evaluation. The Kansas plan calls for appointing a commission to identify the most effective means of tying student achievement to teacher and leader evaluations and building that into the existing Kansas Educator Evaluation Protocol (KEEP).”

Many people would be surprised to learn that student achievement has not been the primary factor used in evaluating teachers in Kansas. This is one of the reasons why Kansas has been found to rank low in policies on teacher quality.

Last year Kansas school superintendents wrote an op-ed proclaiming the high standards and performance of Kansas schools. But what Kansans ought to take notice of is the superintendents’ claim in this sentence: “Historically, our state has had high-performing schools, which make Kansas a great place to live, raise a family and run a business.”

The truth is that when compared to other states, Kansas has low standards.

The U.S. Department of Education’s National Center for Education Statistics (NCES) has analyzed state standards, and we can see that Kansas has standards that are below most states. The table of figures is available at Estimated NAEP scale equivalent scores for state proficiency standards, for reading and mathematics in 2009, by grade and state. An analysis of these tables by the Kansas Policy Institute shows that few states have standards below the Kansas standards.

This table is from KPI’s report in 2012 titled Removing Barriers to Better Public Education: Analyzing the facts about student achievement and school spending.

The conclusion by NCES is “… most states’ proficiency standards are at or below NAEP’s definition of Basic performance.” KPI, based on simple analysis of the NCES data, concluded: “Kansas is one of those states, with its Reading Proficiency standard set lower than what the U.S. Department of Education considers Basic performance. Math Proficiency levels are above what NAEP considers to be Basic but still well below the U.S. standard for Proficient.”

Should we spend more on Kansas schools?

Education is vitally important, school officials tell us. They’re right — and that’s why the education of Kansas schoolchildren is too important to be exclusively in the hands of government.

The school finance lawsuits illustrate this. Suppose that the court is right, and that increased spending will fix the problems with schools. How many years will pass before the solution is implemented? And even if we immediately start spending more, do we really think it will improve student outcomes, in light of our past experience?

The solution for Kansas schoolchildren is increased school choice, through charter schools and either vouchers or tax credit scholarships. This is what we are missing in Kansas. With greater choices available to students and parents, there will be less need for government oversight of schools and all the bickering that accompanies decisions made through the political process.

This is the reform that will most help Kansas schoolchildren. It will cost less and improve outcomes. It doesn’t require fleets of education bureaucrats and stacks of plans and regulations. But it does require the school establishment to give up some power and their stranglehold on the use of public funds for schools.

Unfortunately, we’re not moving in that direction in Kansas. Recently in Wichita, Kansas Governor Sam Brownback had two opportunities to promote school choice in Kansas. On the Joseph Ashby radio program he was asked about school choice, but wouldn’t commit to it as a priority.

Later that day at the Wichita Pachyderm Club a similar question was asked, and again Brownback wouldn’t commit to school choice. The focus right now is efficiency and to get fourth grade reading levels up, Brownback said. He added that about 28 percent of fourth graders can’t read at basic level, which he described as a “real problem. If you can’t read, the world starts really shrinking around you.”

It’s a mystery why Governor Brownback hasn’t made school choice a priority in Kansas. Many governors are doing that and instituting other wide-reaching reforms.

Reaction to Kansas school lawsuit decision

Following are several reactions to the decision in Gannon vs. Kansas, the school funding lawsuit. The court ruled the state must spend more on schools.

An important observation on the true size of the court-ordered tax increase was offered by Kansas Policy Institute:

“Today’s mandate of a $654 Base State Aid Per-Pupil (BSAPP) increase forces the state to raise annual spending and taxes by $440 million and, because of the way the Local Option Budget is written, local property taxes will automatically increase by $154 million. In total, the Shawnee District Court would take an additional $594 million out of the Kansas economy every year.”

See KPI on Gannon: Extremely Unfortunate $600 Million Annual Tax Hike more, including:

“It is extremely unfortunate for citizens of Kansas that the court has effectively ordered an annual $594 million tax hike. This is even more shocking given that there is no evidence that the billions in increased spending have raised student achievement on independent national exams. According to the National Assessment of Educational Progress (NAEP), less than half of Kansas’ 4th and 8th grade students are proficient in math and only about one third are proficient in reading – this is essentially unchanged over the past decade despite billions in increased taxpayer support.

“It costs a lot of money to operate our schools, but its how the money is spent that matters, not simply how much. Just this week, Education Week gave Kansas a D+ for student achievement; among other things, this was a result of low rankings for achievement gains and that we are below the national average for gains in each subject and grade level. They also pointed out that per-pupil spending in Kansas is above the national average and that State expenditures on K-12 schooling, as a percent of state taxable resources, are the 12th highest in the nation.

Kansas Governor Sam Brownback issued this statement:

“The ruling by the district court is disappointing but not unexpected given the Kansas Supreme Court’s previous ruling in the Montoy case in 2005. Through today’s ruling, the courts are drastically increasing the property tax burden on every Kansan. The Kansas Legislature, not the courts, has the power of the purse and has, in fact, increased total state funding for schools every year during my administration. The legislative process is the appropriate venue for debating and resolving issues of taxation and spending.”

From Senate President Susan Wagle:

“Once again, Kansas judges have overstepped their constitutional bounds and defied the will of Kansas voters and their elected representatives and senators. With today’s decision, this judicial panel ignored the system of checks and balances that every Kansas student is taught in school and decided that they alone, not the people via the legislature, would determine how the people’s money should be spent, by imposing a specific dollar amount that Kansas must spend for education.

“These judges have made themselves the sole arbiters of spending — and by extension, taxation — in Kansas. They have demonstrated no regard for the ability of struggling Kansas families to pay higher taxes, if necessary, to meet their demands. This also disregards the will of Kansas voters, who overwhelmingly elected a House and Senate that supports the existing school funding policy — one that maintains educational quality while also being sensitive to the very real difficulties being faced by Kansas taxpayers.

“I am committed to upholding the will of the majority of Kansans who want their elected leaders to maintain high-quality public education. I am committed to restoring to Kansas the fundamental American principle that only the elected representatives of the people of Kansas — accountable to them at the ballot box — may enact laws regarding spending and taxation.”

In a press release titled “District Court decision supports a quality education” Kansas National Education Association (KNEA), our state’s teachers union said:

Once again a Kansas Court has found that the Legislature has failed to fully fund an appropriate public education for Kansas students. …

As to the issue of property taxes, this decision has no effect on property taxes whatsoever. Whether or not property taxes increase will be a matter of how the Legislature decides to react. Since the Legislature last year chose to enact massive cuts to the state income tax, they will need to look to some tax source to overcome first the shortfall of nearly $300 million created by the tax cut and then the projected $440 million necessary to fund the school finance formula. If property taxes go up, the decision will rest entirely with the Legislature. There are many options available to them; they have so far chosen to use scare tactics in reaction to being held accountable.

There is no greater economic development tool than a well-trained, well-educated citizenry. Kansas has long delivered on that promise. This ruling reasserts the State’s commitment to the children, families, and businesses of Kansas.

USD 259, the Wichita public school district:

The District Court of Kansas issued its opinion on the school finance lawsuit on January 11. The ruling, which is in excess of 250 pages, requires adequate funding for schools. The court ordered that the base state aid per pupil should be funded at $4,492, up from $3,838. If funded, the base increase would restore most of the cuts the district has made since 2009. The increase could be at least $45 million. To read the ruling, click here. To watch BOE President Lynn Rogers’ news conference about the opinion, click here.

“This is a win for Kansas students,” said BOE President Lynn Rogers. “The lawsuit is about our children and the Kansas of tomorrow, so we can prepare Wichita students for the high-wage, high skill jobs of the future.”

BOE President Rogers said that the lawsuit was about adequate funding for all Kansas students and that they deserve a quality education regardless of where they live in the state. He also said it is about creating a highly-skilled workforce for the future, which starts with students receiving a quality education.”

“The education we provide is the foundation for our workforce and the future of Kansas. If we don’t give our students a quality education now, we will pay for it in the future,” he added.

The school districts involved in the lawsuit represent about one-third of the students across the state.

President Lynn Rogers said that school districts must collaborate with the Kansas State Legislature to work towards school funding solutions.

In Sedgwick County, a judicial candidate takes the low road

Voters are accustomed to political campaigns that sink low with distorted facts, missing facts, innuendo, and outright lies. Judges, however, ought to be held to a higher standard, and in Kansas, the Supreme Court has rules for judges to follow in their campaigns. But the campaign for incumbent Richard T. Ballinger in Sedgwick County, Kansas, doesn’t seem to be interested in following these rules.

In the Rules related to Judicial Conduct adopted by the Kansas Supreme Court, the title of canon four, covering political activity, starts with this admonition: “A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.”

Specifically, the rules state:

Rule 4.1: Political and Campaign Activities of Judges and Judicial Candidates in General
(A) A judge or a judicial candidate shall not: …
(4) knowingly, or with reckless disregard for the truth, make any false or misleading statement.

The comment associated with paragraph 4 illuminates:

[7] Judicial candidates must be scrupulously fair and accurate in all statements made by them and by their campaign committees. Paragraph (A)(4) obligates candidates and their committees to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading.

Here’s one example of the ways the Ballinger campaign has acted in contrary to these rules in his campaign against challenger Zoe Newton: On November 2, Ballinger ran radio advertisements stating this about Newton: “more than 60 percent of her campaign contributions have come from her boss Wink Hartman, or Hartman’s companies, or a handful of Hartman’s business associates.” The ad goes on to claim that Newton, if elected, “owes a debt of gratitude to a select few.”

The actual facts, however, are that based on my analysis of campaign finance reports through October 29, Newton herself has contributed 60.2 percent of her total campaign funds. We can see, therefore, that Ballinger’s claim violates the rule that requires judges to “knowingly, or with reckless disregard for the truth, make any false or misleading statement.”

As far as owing a “debt of gratitude,” if a case involving Hartman or his business interests were to come before a Judge Newton, she would have to recuse herself. She wouldn’t be able to preside over the case.

But that’s not the situation with the large number of Sedgwick County attorneys who have contributed to Ballinger’s campaign. Ballinger knows who his contributors are, and the contributors know who they are. But evidently, the rules in Kansas don’t require recusal or even notification to the parties to a case that there are political campaign contributions involved.

Judge Richard Ballinger Facebook post, October 30, 2012.

Another example: A Georgia political action committee ran radio advertisements critical of Ballinger. He ran advertisements criticizing “secret Georgia money,” and for a time, the source of that money was unknown. But the Wichita Eagle published an article where Wink Hartman acknowledged that he was source of the funding for the ads, a fact which Ballinger signaled awareness of by posting so on his campaign’s Facebook page. But the ads claiming “secret Georgia money” continued to run, making claims that were known to be false.

Hartman’s response might not have been necessary if not for Ballinger’s claim made in a radio advertisement. Citing Ballinger’s long tenure as judge, the commercial — in a disparaging tone and manner — said that Newton “works for Wink Hartman.” Hartman is a well-known businessman and entrepreneur who ran for U.S. Congress in 2010. He adds value to our community through his successful business ventures. And since when is working in the private sector a bad thing? I’d argue that diversity of experience, including private sector business experience, is important to our stable of judges.

Another example: On November 1, a radio ad in Ballinger’s own voice mentioned his cease and desist order issued by the Kansas Commission on Judicial Qualifications. That document may be read here. Ballinger says that happened seven years ago, when as you can see, the order was issued in 2006, which is six years ago.

It might be that the events for which Ballinger was cited (“inappropriately fraternizing with subordinate employees”) happened in 2005, which would be seven years ago. The cease and desist order doesn’t say. But Ballinger certainly knows when he committed these violations of judicial conduct, and if he wants to criticize an advertisement for getting dates wrong, he should reveal the record of his conduct. Either that, or we have to argue over the meaning of the word “this.” We’ve been through that (“it,” actually) with a former president.

Ballinger also claims, in the same advertisement: “… the Kansas Supreme Court reappointed me as chief judge with complete knowledge of the facts.” This, to me, is misleading. The same advertisement attempts a clarification a little later, when Ballinger states “I was appointed chief presiding judge of probate court.” Even this clarification does little to give voters accurate information, as the probate division, at least presently, appears to consist of only one judge — Ballinger himself.

Further, I believe that according to Kansas statute, it is the chief judge of a judicial district who appoints presiding judges, not the Kansas Supreme Court as Ballinger claimed.

Another example: A Ballinger advertisement mentions that he was overwhelmingly re-elected by voters in 2008. Upon hearing that, most people would assume there was a challenger that Ballinger defeated. But there was no opponent for Ballinger that year, which is not uncommon in judicial elections. Consider Ballinger’s statement in light of a comment to the rules: “Paragraph (A)(4) obligates candidates and their committees to refrain from making statements that are false or misleading, or that omit facts necessary to make the communication considered as a whole not materially misleading.” (emphasis added)

I’ll leave it to readers to decide whether boasting of an overwhelming victory in an election with no opponent is materially misleading.

Similarly, when voters make a decision about electing judges, they should remember that the Kansas Supreme Court holds judges to a high standard of conduct in their campaigns.

Kansas lawmakers, including judges, should be selected democratically

While many believe that judges should not “legislate from the bench,” that is, make law themselves, the reality is that lawmaking is a judicial function. In a democracy, lawmakers should be elected under the principle of “one person, one vote.” But Kansas, which uses the Missouri Plan for judicial selection to its two highest courts, violates this principle.

A recent paper by Kansas University School of Law Professor Stephen J. Ware explains the problem with the process used in Kansas. The paper is titled Originalism, Balanced Legal Realism and Judicial Selection: A Case Study and may be downloaded at no charge. The Kansas courts that use the judicial selection described in the paper are the Kansas Court of Appeals and the Kansas Supreme Court.

At issue is whether judges are simply arbitrators of the law, or do they actually participate in the lawmaking process. Ware explains: “This realist view that statutory interpretation often involves ‘substantial judicial discretion’ and therefore constitutes ‘judicial lawmaking, not lawfinding,’ had by the 1950s, ‘become deeply rooted.'”

A “‘balanced realism,’ to use Brian Tamanaha’s appealing label, recognizes both that judges’ policy preferences have little or no influence on many judicial decisions and that judges’ policy preferences have a significant influence on other judicial decisions. Empirical studies tend to support this balanced view.” In other words, there is some role for ideology in making judicial decisions. Politics, therefore, is involved. Ware quotes Charles Gardner Geyh: “In a post-realist age, the ideological orientation of judicial aspirants matters.” And the higher the court, the more this matters.

Since judges function as lawmakers, they ought to be selected by a democratic process. In the Kansas version of the Missouri Plan, a nominating commission dominated by lawyers selects three candidates to fill an opening on the Kansas Court of Appeals or Kansas Supreme Court. The governor then selects one of the three, and the process is over. A new judge is selected. This process gives members of the state’s bar tremendous power in selecting judges.

Ware presents eleven examples of judges on the two highest Kansas courts engaging in lawmaking. In one, a workers’ compensation case, the employee would lose his appeal if the “clear” precedent was followed. Justice Carol A. Beier wrote the opinion. Ware explains:

But this is not, in fact, what Justice Beier and her colleagues on the Kansas Supreme Court did. Rather they did what Kansas Judges Greene and Russell say never happens. Justice Beier and her colleagues engaged in lawmaking. They changed the legal rule from one contrary to their ideologies to one consistent with their ideologies.

Justice Beier’s opinion doing this started by criticizing the old rule, while acknowledging that it was, in fact, the rule prior to her opinion by which the Supreme Court made new law. Here again is the above quote from Coleman, but now with the formerly omitted words restored and italicized: “The rule is clear, if a bit decrepit and unpopular: An injury from horseplay does not arise out of employment and is not compensable unless the employer was aware of the activity or it had become a habit at the workplace.”

Who decided that this rule is “decrepit and unpopular” and so should be changed? Was it the Kansas Legislature? No, it was the Kansas Supreme Court. It was judges, not legislators, who decided that this legal rule was bad policy. It was judges, not legislators, who changed the law to bring it in line with what the lawmaking judges thought was good policy.

Beier wrote in her opinion: “We are clearly convinced here that our old rule should be abandoned. Although appropriate for the time in which it arose, we are persuaded by the overwhelming weight of contrary authority in our sister states and current legal commentary.”

The result: New Kansas law, made by people selected through an undemocratic process.

In conclusion, Ware writes:

Non-lawyers who believe in the principle that lawmakers should be selected democratically need to know that judicial selection is lawmaker selection to be troubled by the Missouri Plan’s violation of this principle. Non-lawyers who do not know that judges inevitably make law may believe that the role of a judge consists only of its professional/technical side and, therefore, believe that judges should be selected entirely on their professional competence and ethics and that assessments of these factors are best left to lawyers. In short, a lawyer who omits lawmaking from a published statement about the judicial role is furthering a misimpression that helps empower lawyers at the expense of non-lawyers, in violation of basic democratic equality, the principle of one-person, one-vote.

Prospects for Kansas

In Kansas, the process for selecting judges to the Kansas Court of Appeals is governed by statute, and can be changed by the legislature and governor. The House of Representatives has passed a bill to reform the process, but it was blocked by Senate Judiciary Chair Tim Owens. He said “I think this is the first time I did not hear a bill because I thought it was so bad. This is a terrible, terrible bill that’s hated by the courts; it’s an attempt to take over control of the courts.”

One of the dividing lines between “conservative” and “moderate” Kansas Senate Republicans is their attitude towards judicial selection, as revealed in a vote taken earlier this year. Owens, who ranked as the least friendly senator to economic freedom in the 2012 edition of the Kansas Economic Freedom Index, lost his bid for re-election in the August primary election. Many of the other moderate Republicans who voted against reform also lost their primary election contest.

Owens, it should be noted, is an attorney, and is therefore a member of the privileged class that has outsize power in selecting judges.

Sometimes legislators are simply uninformed or misinformed on judicial selection. An example is Jean Schodorf, who lost a re-election bid in August. In an interview, she was quoted as saying “We thwarted changes to judicial selection that would have allowed the governor to have the final say in all judicial selections.”

The bill that the senate voted on, and the one that Owens killed the year before, called for Court of Appeals judges to be appointed by the governor, with the consent of the senate. It’s actually the senate that has the final say.

Newspaper editorial writers across Kansas are mostly opposed to judicial selection reform. An example is Rhonda Holman of the Wichita Eagle, who in 2010 wrote: “Some critics may have a beef with past court decisions, perhaps even a legitimate one — which is no surprise, given that judicial decisions pick winners and losers. But they also may be motivated by politics — which is a problem, given that the judiciary is supposed to be fair, impartial and independent. In the absence of a strong case for change, Kansas should stick with what works.”

With the change in composition of the Kansas Senate next year, the climate is more favorable for reform for the way judges are selected for the Kansas Court of Appeals. The law governing how judges for the Kansas Supreme Court are selected is in the Kansas Constitution, and would require an amendment to alter the process. Such an amendment requires a two-thirds vote in both chambers of the Kansas Legislature, and then a simple majority vote of the people.

Just last week a federal appeals court ruled that the method Kansas uses to select justices to the Kansas Supreme Court is constitutional.

The Court’s discussion starts on a promising note: “That citizens have a fundamental right to vote for public officials on equal terms with one another is uncontroversial.”

But in the end, the Court sided with the present undemocratic Kansas system: “Kansas designed the Commission to favor lawyers in order to limit the influence of politics on the nomination process and ensure the quality of its judicial nominees. Preserving the quality and independence of the judiciary is a legitimate government interest, and having attorneys elect a majority of the Commission’s members is a rational way to accomplish that goal. Attorneys are better equipped than non-attorneys to evaluate the temperament and legal acumen of judicial candidates and more likely to base their votes on factors other than party affiliation. This is owing in part to their training which enables informed judgments about a candidate’s experience — his credentials, his area of expertise, his body of work — and the extent to which it strengthens or weakens his candidacy. ”

Originalism, Balanced Legal Realism and Judicial Selection: A Case Study
By Stephen J. Ware

Abstract: The “balanced realist” view that judging inevitably involves lawmaking is widely accepted, even among originalists, such as Justice Scalia, Randy Barnett and Steven Calabresi. Yet many lawyers are still reluctant to acknowledge publicly the inevitability of judicial lawmaking. This reluctance is especially common in debates over the Missouri Plan, a method of judicial selection that divides the power to appoint judges between the governor and the bar.

The Missouri Plan is one of three widely-used methods of selecting state court judges. The other two are: (1) direct election of judges by the citizenry, and (2) appointment of judges by democratically elected officials, typically the governor and legislature, with little or no role for the bar. Each of these two methods of judicial selection respects a democratic society’s basic equality among citizens — the principle of one-person, one-vote. In contrast, the Missouri Plan violates this principle by making a lawyer’s vote worth more than another citizen’s vote.

This Article provides a case study of the clash between the inevitability of judicial lawmaking and the reluctance of lawyers to acknowledge this inevitability while defending their disproportionate power under the Missouri Plan. The Article documents efforts by lawyers in one state, Kansas, to defend their version of the Missouri Plan by attempting to conceal from the public the fact that Kansas judges, like judges in the other 49 states, inevitably make law. The case study then shows examples of Kansas judges making law. The Article concludes that honesty requires lawyers participating in the debate over judicial selection in the United States to forthrightly acknowledge that judges make law. Lawyers who seek to defend the power advantage the Missouri Plan gives them over other citizens can honestly acknowledge that this is a power advantage in the selection of lawmakers and then explain why they believe a departure from the principle of one-person, one-vote is justified in the selection of these particular lawmakers.

The complete paper may be downloaded at no charge here.

Kansas reasonable: Judicial selection

Kansas Republicans who promote themselves as the “reasonable” candidates — “traditional” Republicans, they like to say — support a method of judicial selection in Kansas that is not democratic. In fact, Kansas is at the undemocratic extreme in judicial selection.

Kansas University law professor Stephen J. Ware has extensively researched and written on the method of judicial selection in the United States. His paper The Bar’s Extraordinarily Powerful Role in Selecting the Kansas Supreme Court reports that in Kansas, a select group of lawyers has tremendous control over the nominating process for the Kansas Court of Appeals and Kansas Supreme Court. It’s a process that desperately needs reform, despite the effort that Kansas lawyers spend defending their elite privileges and powers in this regard. “Reasonable” Republicans enable them.

Ware wrote this in a Lawrence Journal-World editorial:

What makes the Kansas Supreme Court selection process unusual is not that it’s political, but that it gives so much political power to the bar (the state’s lawyers). Kansas is the only state that gives its bar majority control over the commission that nominates Supreme Court justices. It’s no surprise that members of the Kansas bar are happy with the current system because it gives them more power than the bar has in any of the other 49 states and allows them to exercise that power in secret, without any accountability to the public.

In the conclusion to his paper, he summarized: “In supreme court selection, the bar has more power in Kansas than in any other state. This extraordinary bar power gives Kansas the most elitist and least democratic supreme court selection system in the country.”

Defenders of the present system say it keeps politics out of judicial selection. But Ware has noted that nine of the last 11 people appointed to the Kansas Supreme Court belonged to the same political party as the governor who appointed them. It reminds me of a quote from William “Boss” Tweed, political boss of Tammany Hall, that summarizes our problem accurately and concisely: “I don’t care who does the electing so long as I do the nominating.”

In February the Kansas Senate took a vote on agreeing to amendments to a bill that, if accepted and passed, would implement a system where the governor would appoint judges to the Court of Appeals, and then the Senate would confirm or reject the nominee. This is a system like the United States and many states use. A “Yea” vote was a vote in favor of this system. Here are the votes: Yeas: Abrams, Apple, Bruce, Donovan, Kelsey, Longbine, Love, Lynn, Masterson, Merrick, Olson, Ostmeyer, Petersen, Pilcher-Cook, Pyle, Taddiken, Wagle. Nays: Brungardt, Emler, Faust-Goudeau, Francisco, Haley, Hensley, Holland, Huntington, Kelly, King, Kultala, Marshall, McGinn, Morris, Owens, Reitz, A. Schmidt, V. Schmidt, Schodorf, Teichman, Umbarger, Vratil. Present and Passing: Steineger.

Voters in Kansas ought to ask the “reasonable” Republicans who voted against a democratic method of judicial selection why they defend the self-serving position of a special interest group.

Judicial selection among the statesJudicial selection among the states. Kansas is alone in giving the bar extreme power. From Kansas University School of Law Professor Stephen J. Ware.

Kansans uninformed on school spending

As the Kansas Legislature debates spending on schools, we have to hope that legislators are more knowledgeable about school spending than the average Kansan. Surveys have found that few Kansans have accurate information regarding school spending. Surprisingly, those with children in the public school system are even more likely to be uninformed regarding accurate figures. But when presented with accurate information about changes in school spending, few Kansans are willing to pay increased taxes to support more school spending.

These are some of the findings of a 2010 survey commissioned by Kansas Policy Institute.

Not only did Kansans underestimate school spending levels, they did so for the state portion of school funding, and again for the total of all funding sources — state, federal, and local.

Many people greatly underestimated school funding. For all sources of funding on a per-student basis, 43% of poll respondents chose a number that is less than half the actual number.

On a question asking about the change in Kansas school funding over the past five years, 64% thought that funding had declined. Only 6% knew that funding had increased by over 15% during that period. The five year time period is significant, as it was in 2005 that the Kansas Supreme Court ordered additional school spending as a result of the Montoy case.

When asked about their willingness to pay higher taxes to support mores school funding, 51% said they would, if per-pupil funding was down from five years ago. But when asked whether they would pay more taxes in per-pupil funding had gone up by over 20%, only 11% said yes. According to the Kansas State Department of Education, total funding per pupil increased by 26% over this period.

The survey was conducted by The Research Partnership, Inc., a Wichita-based market research firm. The complete results may be viewed at the Kansas Reporter website at K-12 Public Opinion Survey, or here.

Survey participants were asked if they would like to make comments regarding funding of Kansas public schools. There are 17 pages of these comments.

Analysis

The results of this Kansas poll are similar to recent nationwide results discovered by EducationNext, a project of the Harvard Kennedy School of Government. That study is summarized at Americans uninformed about school spending, study finds. Another study with similar findings is at Kansas school spending: citizens again are uninformed.

It’s not surprising that Kansans are misinformed about the level of school spending and its changes. Even members of the Kansas House of Representatives and the Wichita School Board are sometimes uninformed, misinformed. It’s either that or we have to conclude they are lying to us.

The school spending lobby in Kansas focuses on only one measure of school spending, base state aid per pupil. That number is approximately one-third of total school spending, and it has declined. As this study shows, it is in the best interests of the Kansas school establishment for average Kansans to be uninformed about the true levels of school spending. When presented with accurate information about school spending, Kansans are not willing to pay higher taxes.

We can understand the motivation of schools to lobby for increased spending. But they should be truthful. It’s even worse when newspaper editorial writers don’t recognize the truth. An example is a recent Wichita Eagle editorial written by Rhonda Holman. She repeated the meme of the school spending lobby, writing: “… despite state per-pupil base aid having been slashed to 1999 levels.” Most people don’t know that “base aid” is only one component of Kansas school spending. It’s the starting point for the Kansas school finance formula. After weightings are applied, most school districts receive much more funding than the base aid figure. The Wichita school district, for example, received $6,511 per pupil from the state at a time when base state aid was $4,012. Also, look at the total spending picture: From 1999 to last year, Wichita school spending jumped from $336 million to over $604 million. State aid to this district increased from $200 million to $328 million over the same time.

It’s also likely that the current school year will see record spending on schools in Kansas.

So why don’t Holman and the Wichita Eagle use the total spending figures, or even the total state aid numbers? Focusing on one component of Kansas school finance that is not representative of the entire picture is a disservice to Wichita Eagle readers.