The average Kansan is misinformed regarding Kansas school spending, and Kansas news media are to blame, writes Paul Waggoner of Hutchinson.
Math Quiz on Kansas Spending
By Paul Waggoner
Math questions, one would think, are very straight-forward and easy to answer. At least easy to guess the right answer in a simple multiple choice test. Such is not the case however with the average Kansan who follows state issues relying on the headlines in the Kansas press.
The reality of how poor a job the Kansas press is doing with numbers is found in a December 2015 SurveyUSA study of 500 plus registered voters in Kansas. This scientific study of voters’ knowledge of educational spending in Kansas was virtually ignored by the Kansas media. Most likely because its implications don’t fit the media narrative on education in this Year 5 of the Age of Brownback. Even worse, the poll was commissioned by a conservative think tank, the Kansas Policy Institute.
As to voter (mis) understanding this 15 question poll hit the jackpot. All the questions were multiple choice with only 4 options given.
Question #6 asked how much state funding do you think Kansas school districts receive per pupil? The correct answer is well over $7,000 per student. 39% of Kansas voters thought it was under $4,000, another 22% thought between $4,000 and $5,000. Only 7% of voters guessed properly.
The follow-up, Question #7, was how much total (federal/state/local) funding do you think Kansas school districts receive per pupil? The correct answer in 2015 was over $13,000 per pupil. Only 5% of registered Kansas voters got that one right. 40% thought the total was under $7,000, and 21% said $7,000 to $10,000 which were the two most inaccurate options!
At this point I was even wondering how the accepted wisdom is so far removed from the truth. So I went to ksde.org, the website of the Kansas State Department of Education, to verify the precise figures. At that website every school district in the state is listed.
What our local school districts spend is very close to the state averages. The Hutchinson USD 308 budget was over $60,000,000 in 2014 with 4,836 full-time students or $12,449 spent per pupil. 5 years earlier the USD 308 budget was $57 million, 5 years before that it was about $41 million.
The comparable figures for USD 313 Buhler are $12,360 per pupil in 2014 with a $26,300,000 budget that 5 years earlier was $22,200,00 and 5 years before that was $18,000,000. For USD 313 that meant students were educated for just $9,000 per pupil as recently as 2005.
Kansas school districts total spending is $2.0 billion higher now than just 10 years ago ($6 billion versus $4 billion). That is an incontrovertible fact. Which leads to two immediate questions: How can the Supreme court keep claiming the spending is constitutionally inadequate? And what exactly do taxpayers have to show for the extra $2,000,000,000 every year?
The reality of those numbers are nowhere in the publics’ consciousness currently. For instance, SurveyUSA question #8 was “over the last 5 years how much do you think total per pupil funding has changed?” The correct answer is that it is actually up 9.92%. But fully 47% of Kansas voters confidently said it had dropped over 5%! Another 15% were sure it had dropped but thought the percentage was smaller. Only 7% of voters knew that school spending was up “over 5%’.
The budget trajectory has changed and is on a much flatter curve than ever before. Taxpayers are mostly rejoicing, tax spenders (and their allies) are howling mad.
My revised school spending narrative is frankly the story of the entire Kansas budget (as can be easily accessed at budget.ks.gov “Governors Budget Report FY 2017”).
The state general fund budget first hit $1 billion in 1980 and grew consistently under Governors Carlin/Hayden/Finney at about a 6.5% annual rate.
Under Graves and Sebelius that accelerated growth rate continued until the 2008-09 recession when the state budget dropped dramatically for 1 year under Governor Parkinson. This made a cumulative annual growth average of around 3% for those three administrations.
Under Governor Brownback the general fund budget is still going up, but at a 5 year annual growth rate of 1.8%.
On February 20th one Hutchinson News columnist’s headline blasted the “Deliberate financial starving of the state of Kansas.” I see this as more of a diet, and I say it is about time.
The numbers on the state budget spending (and taxation) are readily available online. The execution of the plan for this new governmental trajectory leave something to be desired, but that is the topic for another day.
Paul Waggoner is a Hutchinson resident and business owner. He can be reached with comments or questions at [email protected]
Kansas progressives and Democrats oppose a judicial selection system that is used by U.S. Presidents, both Democrats and Republicans.
What is the substantive difference between these two systems?
A) A state’s chief executive appoints a person to be a judge on the state’s highest court. Then the state’s senate confirms or rejects.
B) A nation’s chief executive appoints a person to be a judge on the nation’s highest court. Then the nation’s senate confirms or rejects.
Perhaps there is a difference that I’m not smart enough to see. I’m open to persuasion. Until then, I agree with KU Law Professor Stephen Ware and his 2007 analysis of the way Kansas selects Supreme Court judges as compared to the other states.1 That analysis concludes that “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.”
Ware has made other powerful arguments in favor of discarding the system Kansas uses: “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. While members of the Kansas bar make several arguments in defense of the extraordinary powers they exercise under this system, these arguments rest on a one-sided view of the role of a judge.”2
Judges, Ware says, make law, and that is a political matter: “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.”3
For Kansas progressives and Democrats to oppose Kansas adopting the same system that has enabled Barack Obama to appoint two liberal justices to the U.S. Supreme Court, with perhaps more to come — don’t they realize that Kansas will (likely) have a Democratic governor someday? As Clay Barker noted, for the last 50 years, no Kansas governor has been followed by a successor of the same party (except for Mark Parkinson filling the remainder of a term after Kathleen Sebelius resigned). If that pattern holds — and there’s no guarantee that it will — the next Kansas governor will be a Democrat, just three years from now.
Superficially, it doesn’t seem to make sense for Kansas Democrats to oppose the governor making judicial selections while supporting the President of the United States having the same power. It does make sense, however, when we realize that Kansas Democrats are comfortable with the state’s bar selecting the judicial nominees that the governor may consider. (Which gives truly useful and enjoyable bars a bad name.) Lawyers, especially lawyers that take an active role in politics, tend to be Democrats, and progressive Democrats at that. If the Kansas bar was dominated by constitutional conservatives, would Kansas Democrats feel the same?
I’m not claiming that the motives of conservative Kansas Republicans are pure. Will they change their stance on the desirability of the governor appointing Supreme Court judges if there is a Democratic governor? I don’t know, but I have a suspicion.
Defenders of the current Kansas system claim that the system is based on merit, not politics. To which we must note that this year the Kansas Supreme Court was reversed by the United States Supreme Court. It wasn’t even close, with justices voting eight to zero that the Kansas court was wrong in its application of the law. (The other Supreme Court justice said “I do not believe these cases should ever have been reviewed by the Supreme Court.)
Ware, Stephen J., The Bar’s Extraordinarily Powerful Role in Selecting the Kansas Supreme Court (September 25, 2009). Kansas Journal of Law & Pubic Policy, Vol. 18, No. 3, p. 392, 2009. Available at SSRN: http://ssrn.com/abstract=1478660. ↩
A filing by a group seeking to recall a county commissioner declares “facts” that can’t possibly be known at this time.
Those hoping to recall Sedgwick County Commissioner Richard Ranzau have filed a petition with the Kansas Supreme Court seeking to overturn the finding of the Sedgwick County District Attorney. That finding was the petition did not meet the grounds and conditions proscribed in Kansas law.
(Many news headlines and reporting use phrases like “District Attorney blocks petition.” That’s not accurate. The DA simply ruled that the petition did not meet the legal requirements.)
In the filing, under a section title “Statement of Facts,” paragraph 2 starts with “It is the will of the electors of Sedgwick County’s District 4 to seek the removal of Richard Ranzau from office …”
I’d like to know how the petitioner knows the will of the electors (voters) of district 4, specifically that they want to remove Ranzau from office. Since August 2008, Ranzau has prevailed in all four elections regarding his current office. In each election the revealed preference — or “will” — of the voters is that they preferred Ranzau to the alternatives, both other Republicans in two primary elections, and Democrats in two general elections. Each election was contested by experienced politicians who had held offices including that of Sedgwick County Commissioner, Wichita City Council Member, Kansas State Representative, and Kansas State Senator.
The only fact we know so far is that there are 100 citizens of Sedgwick County (not just district 4 residents) who have signed up to become recall petition circulators. Should the recall petition be approved, these circulators would have to gather a large number of valid signatures in a short period of time. If that petitioning effort is successful, there will be an election. It is at that time — and only that time — that the electors (voters) of district 4 express their will regarding the recall of Richard Ranzau.
Kansas school fund balances rose slightly this year, both in absolute dollars and dollars per pupil.
As Kansans debate school funding, as the Kansas Supreme Court considers ordering more school spending, and as school spending boosters insisting that school spending has been slashed, a fact remains constant: Kansas schools don’t spend all the money they’ve been given. Fund balances have been growing almost every year, including this year.
Fund balances are necessary for cash flow management. The issue is what levels of balances are necessary. Based on recent data from the Kansas State Department of Education, fund balances rose rapidly after 2008, and have remained largely level since 2011.
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.
The Kansas Center for Economic Growth and Duane Goossen steadfastly refuse to publicly debate school finance and state budget issues with us, as their work is so easily shown to be false, misleading and otherwise distorted (see here, here, here, and here for examples). Mr. Goossen’s most recent piece is another fine example of how they abuse the truth.
He has a table called State Aid and Enrollment that is sourced to page 60 of Kansas July Comparison Report, but much of the information in his table does not appear on page 60. The total amount of $4.059 billion is there and two of the smaller items but not the rest. A few items — KPERS payments, Local Option Budget Aid and Capital Outlay Aid — are close to what we found in other documents but not the $2.639 billion he calls General Classroom Aid. And you can’t find that anywhere because there is no such thing as “General Classroom Aid.”
KCEG and other “just spend more” proponents often make reference to “classroom aid” in ways to make it appear that the Legislature is not providing enough “classroom aid” but here’s the dirty little secret you (and especially teachers) aren’t supposed to know: only local school boards and superintendents decide how much money is spent on instruction. The Kansas State Department of Education has an official definition of “Instruction” spending which is often used interchangeably with “classroom” but there is no official aid classification for “classroom.” Mr. Goossen and friends are just making it up for political purposes.
Under both the old school formula and the temporary block grant system, districts get several different types of aid but they alone decide how much of the multiple discretionary amounts received are used for Instruction, Administration, Student Support, Maintenance and other cost centers. Even Capital Outlay Aid (contrary to Goossen’s implication) can used for Instruction purposes (and is) as set forth in the KSDE Accounting Manual.
Here are a few more examples of the truth being tortured by Mr. Goossen:
“The Kansas Supreme Court ordered lawmakers to increase [equalization] aid …” Not true. The Supreme Court said the legislature could increase equalization funding or they could write a new equalization formula and not spend more money. Legislators chose to spend $109 million more. Even the District Court, which didn’t get much right about Gannon, acknowledged this point.
State Special Education Aid is shown as a decline of $6 million but it is really an increase of $46 million. The original posting of the July Comparison Report didn’t include $52 million in Federal ARRA pass through but a former state budget director should know that the total was more than the amount listed for state aid. He also understated the increase in state aid by another $53 million for Federal ARRA money included in General State Aid.
KPERS is included in the amounts listed under block grants and while it has gone up, he says “… school districts must still pay the bill.” That’s true, but some of that money goes for KPERS benefits of current employees, and local school boards chose to increase employment more than 8% over the last ten years while enrollment grew by just 4%. That forces money to be diverted from regular aid to pay the higher KPERS cost, which also happens when school boards choose to have district employees perform functions that could be done in the private sector.
Capital Improvement Aid helps some districts “… with bond payments for buildings but [does] nothing to cover enrollment increases.” That’s true, but again, Goossen fails to mention that district choices to construct new buildings … sometimes larger or sooner than needed … diverts money that could otherwise be used for general aid.
“State aid for classrooms has actually gone down…” That is a false statement because there is no such thing as “state aid for classrooms” but actual Instruction spending increased by $214 million or 7.3% between 2011 and 2014 even without counting a dollar of KPERS. Of course, Instruction spending could have gone up even more if districts had chosen to direct some of the increased spending on other operating areas to Instruction, chosen to operate other areas more efficiently and spent the savings on Instruction or used some of their unused aid from prior years instead of holding it in cash reserves.
Goossen says the block grant system is “not a recipe for creating world-class schools” as though that is some sort of revelation. The block grant system is only a temporary funding mechanism put in place to allow time to build a new student-focused funding system, replacing a dysfunctional, institution-focused system that most certainly was not a recipe for creating world-class schools.
Here’s what the old system produced after the injection of nearly $2 billion over the last ten years:
Only 32% of the 2015 graduating class who took the ACT test are considered college-ready in English, Reading, Math and Science. ACT test scores have barely changed.
Only 38% of 4th grade students are Proficient in Reading on the National Assessment of Educational Progress (NAEP), a test that the Kansas Department of Education declared to be valid and reliable in a November 1, 2011 press release.
Low Income 4th graders are almost 2 years’ worth of learning behind others in Math (NAEP).
Only 24% of Low Income 8th graders are Proficient in Math (NAEP) and at the current pace, it will take 240 years for them to catch up to other students, only 54% of whom were Proficient on the last exam.
27% of students who graduated from Kansas high schools in 2013 and attended university in Kansas signed up for remedial training (Kansas Board of Regents); no data is available on students who went out of state or attended a private college.
It will always cost a lot of money to fund public education but it’s how the money is spent that makes a difference — not how much. For example, Instruction spending accounts for just 55% of total education spending; $2 billion and ten years ago it was 54%. Here’s another discouraging fact: enrollment increased by 4% over the last ten years, while classroom teacher employment increased by 5% and non-teacher employment increased by 10%.
Outcomes apparently don’t really matter to KCEG and others (including many school districts and their taxpayer-paid lawyers) who continue to say there was nothing wrong with the old system … it just needed more money! Just look at what happened when more money was poured into the system.
Scores barely changed while per-pupil spending jumped from $6,985 per pupil to an estimated $13,343 last year, which is $3,223 more per-pupil than if funding had been increased for inflation since 1998. Reading proficiency remains below 40% and Math Proficiency is still less than 50%.
This is not an indictment of the many good people working hard in schools but an indictment of the old funding system. It is no one’s fault that achievement is unacceptable but it is everyone’s responsibility to acknowledge that fact and work toward a funding mechanism that puts students and outcomes first and uses efficiency savings to drive more resources to instruction and increase pay for effective teachers.
Kansas school funding has been growing much faster inflation and enrollment, but for some, it will never be enough, and they will continue to use taxpayer money to press their monetary demands, writes Dave Trabert of Kansas Policy Institute.
Even by KASB standards, school operating spending is $3.9 billion ahead of inflation
By Dave Trabert
Arecent blog post by the Kansas Association of School Boards (KASB) Associate Executive Director Mark Tallman says “Total school district funding is, in fact, at an all-time high, expected to top $6.1 billion this year” but “… the part of school funding available for day-to-day operating costs is not keeping up with inflation and enrollment.” There are several misleading aspects to his statement and the data does not support the intended message, but let’s first give credit for the courage to contradict education officials who say funding has been cut. Bravo!
KASB’s definition of operating costs does not comport with the official definition used by the Kansas Department of Education or the U.S. Department of Education1, but for the sake of argument, let’s say that it’s correct. Let’s also assume that their definition of current operating funding represents the amount needed to efficiently operate schools and achieve the required outcomes, even though the facts refute any such claim.
By increasing the KASB-defined operating spending for inflation (the calculation for 2006 is $6,928 times (191.41 ÷ 185.14) = $7,162), we find that schools received a lot more money each year than if KASB’s 2005 amount had been increased each year for inflation. The margin of difference is getting closer over the next two years (if one doesn’t count all of the funding), but funding will have exceeded inflation by almost $3.9 billion since 2005.
KASB uses a different methodology in their inflation analysis. They show prior years’ spending in 2014 inflation-adjusted (constant) dollars; i.e., $X spending in 2014 has the same buying power as $Y in prior years. That methodology is common for restating buying power but it is irrelevant to the question of whether schools are or have been adequately funded.
The Kansas Constitution says the legislature must make suitable provision for the finance of public education; it does not say that schools must be given whatever they want to spend or that efficient use of taxpayer money cannot be taken into account. The honest truth is that no one knows what schools need to achieve the necessary outcomes while making efficient use of taxpayer money, because no such analysis has ever been undertaken in Kansas. We do know, however, that every Legislative Post Audit has found schools to be operating inefficiently and school superintendents openly acknowledge that they choose to spend more than is necessary in many circumstances. We also know that school districts haven’t even spent all of the money they’ve received over the last ten years, as about $400 million has been used to increase operating cash reserves.
There may be ways to demonstrate that today’s funding has less buying power than a particular point in time but that doesn’t mean that each year’s funding didn’t keep up with inflation and enrollment — as shown above, per-pupil funding as defined by KASB was $3.9 billion more than an inflationary increase.
The gap is even greater for total funding, which would have been $6 billion less over the last ten years if per-pupil funding for the 2005 school year had been increased each year for inflation. School districts received large funding increases beginning in 2006 from a Supreme Court Montoy ruling based on a cost study that has since been abandoned by the Supreme Court in Gannon.
1KSDE and the U.S. Department of Education say operating expenditures “…do not include equipment (700 object codes), Capital Outlay or Bond & Interest. [700 object codes include expenditures for acquiring fixed assets, including land or existing buildings; improvements of grounds; initial equipment; additional equipment; and replacement of equipment.]” The KASB definition also excludes Food Service and employee retirement costs but they don’t disclose that their definition is not the official definition and it also does not comport with the Kansas Supreme Court, which says all funding sources, including retirement costs, should be considered as part of adequate funding.
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.
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.
Judicial panel used cherry-picked data in Gannon decision
By David Dorsey
(w)e conclude that the Kansas K-12 school finance formula still stands as constitutionally inadequate by its failure to assure and implement adequate funding to meet and sustain a constitutionally adequate education as a matter of sound expert opinion from those with relevant and reliable expertise and experience with the Kansas K-12 school system.(emphasis added)
Thus is the opinion, filed December 30, 2014, from the Shawnee County District Court three-judge panel as tasked by the Kansas Supreme Court pursuant to their decision in Gannon v. Kansas in March of 2014.
We reported in a previous KPI blog that the unspecified underfunding of K-12 public education in Kansas identified in this decision is at least $548 million. The judges based their opinion on several categories of adequacy they deemed relevant to the case. One such category in the decision is entitled Adequacy As A Matter Of Student Performance (pp. 20-48). The judges included as its linchpin evidence an interview with Kansas City, Kansas USD 500 superintendent Dr. Cynthia Lane. Dr. Lane provided testimony regarding how a federal grant enabled Emerson Elementary, a USD 500 school, to significantly increase student performance.
In short, Emerson Elementary is a small K-5 school. Several years ago, it gained notoriety for being declared the lowest performing elementary school in Kansas. As such, it was awarded a School Improvement Grant (SIG) from KSDE, authorized by the No Child Left Behind law. The school was given nearly $3 million over a three-year period (2010-11 to 2012-13 school years) to improve state assessment test scores. Dr. Lane testified that “fewer than 30 percent” of the students met state standards in math and reading prior to receiving the grant. According to demographic data published by KSDE, Emerson has about 95% economically disadvantaged students. While Dr. Lane testified that Emerson is ethnically “about 50 percent African American and about 48 percent Hispanic,” KSDE reported that the ethnic breakdown is about two-thirds Hispanic, one-quarter African American and less than 10% white. She told the court that over the life of the grant Emerson’s students performed “on both the reading and math state assessment to have more than 85 percent … meeting or exceeding expectations just in the last three years. It’s a remarkable story.”
Apparently the court agreed, afforded to say:
Given the continuing grade advancement and migration upwards of K-12 schoolers during their school careers, it seems but obvious that for educational advancement, much less the maintenance of results accomplished prior with the earlier funding initiatives implemented, but now abandoned, that the revenue streams which supported those results in that period of favorable funding needed to be continued to be provided in order to properly educate the continuing stream of new faces going forward, either initially entering the school system or advancing in grade. No evidence or proffer of evidence supports otherwise. (pp. 39-40, emphasis not added)
Translated: More money = greater student achievement, and there is no evidence to the contrary.
I will now proffer contrary evidence, a much less remarkable story that should have been proffered in the original court case: Northwest Middle School.
The same year Emerson Elementary was awarded its SIG, another USD 500 school, Northwest Middle School, was awarded a similar grant with a higher amount of $4.77 million. Northwest has similar minority and economically disadvantaged populations to Emerson Elementary (just over half African American and just over one-third Hispanic and 98% low income). But the outcomes pursuant to the SIG were very much dissimilar, indeed.
The following table and the accompanying graph show how Northwest Middle School scored on the state reading and math assessments for the three years prior to receiving the SIG and during the three-year implementation of the grant.
As the graphics show, achievement at Northwest had an uptick in both math and reading the first year of the grant, but then fell off dramatically the following two years. To put their performance in perspective the following graphs compare Northwest to Rosedale Middle School (the USD 500 school most comparable to Northwest according to KSDE) and the USD 500 district as a whole.
In reading, Northwest underperformed both Rosedale (which did not get a SIG) and the district as a whole both prior to and after receiving the grant. The trend and gap between Northwest and Rosedale remained amazingly consistent throughout this period. The picture in math is a little different. Northwest students maintained a slight advantage over Rosedale throughout the grant period and nearly eliminated the gap with the district as a whole. However, the overall trend is downward, with just over 40% of the Northwest middle schoolers proficient in math as of the last recorded state assessments.
It is safe to say that in terms of achievement, that $4.77 million granted to Northwest Middle School in Kansas City, Kansas didn’t buy much. This is evidence that, once again, more money does not inherently make a difference in student outcomes. This nationwide study conducted by the Heritage Foundation supports that contention. Even Kansas’s own Legislative Post Audit says in this report (p. 107) that a correlation between increased funding and increased outcomes is inconclusive.
As a 20-year teaching veteran, I know it’s not the money that makes a difference in student achievement. It’s commitment by students, parents, teachers, principals and administrators to make it happen. Trying to quantify that in dollar terms is a fool’s errand. If the increase in education funding prescribed in the most recent Gannon decision were to become a reality, it would mean a nice raise for teachers and likely more administrators, but student outcomes would remain flat and achievement gaps would continue. Think of it as Montoy redux.
Clearly, the judges got it wrong. Let’s hope their decision gets overturned on appeal and an end is put to this seemingly endless carousel of education funding lawsuits. The citizens of Kansas deserve better.
The just-released Gannon school finance decision in Kansas concludes that not long ago Kansas schools were functioning adequately. But data on Kansas school standards says something else.
The court’s decision, in its conclusion, states: “At the beginning of FY 2009 (July l, 2008), the evidence established that the Kansas K-12 school system was functioning as a K-12 school system should in order to provide a constitutionally adequate education to Kansas children.”
It’s going to take some time to read and understand the decision, and even longer to see what effect it has on legislation, spending, and most importantly, the wellbeing of Kansas schoolchildren. It seems as though the court used student performance on Kansas state assessment data in making its decision. If so, that could be a problem. That’s because 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 what the National Center for Education Statistics concluded about Kansas school standards in the most recent version of its report 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.
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.
This is not the only study of school testing standards that found that Kansas has low standards compared to other states. In another study, Kansas ranked forty-fourth among the states, meaning that seven states had standards judged to be weaker than Kansas’. The remainder of the states and the District of Columbia have stronger standards. The study also found that the Kansas standards have become weaker in recent years.
It’s important to note that this survey compares a state’s own standards to the NAEP test, which is the same for the entire country. It does not measure the performance of the students. Instead, it serves to compare the strength — and honesty — of a state’s test against a common standard:
Note that an A or a B does not indicate a relatively high performance by students in the state. Rather, it indicates that the state’s definition of proficient embodies higher expectations for students. It is best thought of as a high grade for “truth in advertising,” telling citizens frankly how well students are performing on an internationally accepted scale, just as states have pledged to do by joining the CCSS consortium.
Kansas standards are judged to be weak in two different assessments. Why would a Kansas court rely on these standards?
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.
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. 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. 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. Property taxes (including the 20 mills mandated by the Legislature) are sent directly to school districts by county treasurers. 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.
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).
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. 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.
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.
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.
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 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.
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.
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?
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.
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?
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.
I’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.
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.”
But we ought to hold public discourse like this to a certain standard, and the pitch made by Kansas Values Institute deserves examination.
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.
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.
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.
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.
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.)
This 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?).
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.
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.
“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’sRhonda 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.”
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.
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.
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.
Following 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.
Court Orders Kansas Legislature to Spend More on SchoolsNew 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 fundingKansas 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 unconstitutionalLos 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 courtWichita 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.
KS Supreme Court: Legislators made ‘unconstitutional’ school funding choicesKansas 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.”