Kansas Judge orders all Public Schools shut down

[Saulbadguy]

http://www.cjonline.com/stories/051104/bre_bullock.shtml

Has this been done before..can it be done? I'm trying to figure out whether I should fear for my job or not.

 

[datalink7]

Somebody didn't proof read their news story before posting it,

 

[Saulbadguy]

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

 

[EagleKeeper]

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

Article states that schools will be closed in the fall unless the state corrects the problems with funding.
It is possible that the judge will also prevent funds from being released after 30 June.


However, I wonder how a county judge can control the state funding?

That is like a state supreme court dictating to the Federal circuit court.:Q

 

[datalink7]

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

What's wrong with this selection... (3rd paragraph and 4th paragraph):

In the decision released late this morning, Bullock wrote that lawmakers left Topeka without providing additional funds for public schools. The next logical step is to declare the state's funding statutes, already found unconstitutional, be void as they apply to the funding of public schools, he said.

The next logical step is to declare the state's funding statutes, already found unconstitutional, be void as they apply to the funding of public schools, he said.

 

[Saulbadguy]

Originally posted by: EagleKeeper

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

Article states that schools will be closed in the fall unless the state corrects the problems with funding.
It is possible that the judge will also prevent funds from being released after 30 June.


However, I wonder how a county judge can control the state funding?

That is like a state suprememt court dictating to the Federal circuit court.:Q

Well..I do work through the summer, so I would be out of a job until fall.

 

[Saulbadguy]

Originally posted by: datalink7

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

What's wrong with this selection... (3rd paragraph and 4th paragraph):

In the decision released late this morning, Bullock wrote that lawmakers left Topeka without providing additional funds for public schools. The next logical step is to declare the state's funding statutes, already found unconstitutional, be void as they apply to the funding of public schools, he said.

The next logical step is to declare the state's funding statutes, already found unconstitutional, be void as they apply to the funding of public schools, he said.

Ahh...error on their part, not mine.

 

[conjur]

http://www.foxnews.com/story/0,2933,119627,00.html

TOPEKA, Kan. ? The state must immediately close its public schools while it fixes constitutional flaws in its system for distributing aid to those schools, a district judge ruled Tuesday in a case that is already under appeal to the Kansas Supreme Court (search).

Because the case has already been appealed, it was not immediately clear how soon schools would close, or whether they would close.

 

[Saulbadguy]

Originally posted by: conjur
http://www.foxnews.com/story/0,2933,119627,00.html

TOPEKA, Kan. ? The state must immediately close its public schools while it fixes constitutional flaws in its system for distributing aid to those schools, a district judge ruled Tuesday in a case that is already under appeal to the Kansas Supreme Court (search).

Because the case has already been appealed, it was not immediately clear how soon schools would close, or whether they would close.

I told you Kansas' school system is worse than Georgias

 

[digitalsm]

Originally posted by: EagleKeeper

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

Article states that schools will be closed in the fall unless the state corrects the problems with funding.
It is possible that the judge will also prevent funds from being released after 30 June.


However, I wonder how a county judge can control the state funding?

That is like a state suprememt court dictating to the Federal circuit court.:Q

You are confused.

Major civil cases ALWAYS start at the district(county) level.

This judge found the state's school funding to be unconstitutional, according to the states constitution. So no this does NOT dictate a federal circuit court. In fact, the Supreme Court has ALREADY SAID, suits against school funding in states, have to be dealt with by the states. They have ruled school funding is a state issue, not a federal issue.

 

[digitalsm]

Originally posted by: conjur
http://www.foxnews.com/story/0,2933,119627,00.html

TOPEKA, Kan. ? The state must immediately close its public schools while it fixes constitutional flaws in its system for distributing aid to those schools, a district judge ruled Tuesday in a case that is already under appeal to the Kansas Supreme Court (search).

Because the case has already been appealed, it was not immediately clear how soon schools would close, or whether they would close.

The state asked the Kansas Supreme Court for an emergency injunction. But this wouldnt effect the current school year, its ALREADY been funded, this would effect next school year. I bet its resolved.

 

[Saulbadguy]

Originally posted by: digitalsm

Originally posted by: conjur
http://www.foxnews.com/story/0,2933,119627,00.html

TOPEKA, Kan. ? The state must immediately close its public schools while it fixes constitutional flaws in its system for distributing aid to those schools, a district judge ruled Tuesday in a case that is already under appeal to the Kansas Supreme Court (search).

Because the case has already been appealed, it was not immediately clear how soon schools would close, or whether they would close.

The state asked the Kansas Supreme Court for an emergency injunction. But this wouldnt effect the current school year, its ALREADY been funded, this would effect next school year. I bet its resolved.

Correct. We already got our "calm down" emails saying the current year will go on as planned. Our budget doesn't actually get "reset" or whatnot until july.

 

[digitalsm]

Originally posted by: Saulbadguy
http://www.cjonline.com/stories/051104/bre_bullock.shtml

Has this been done before..can it be done? I'm trying to figure out whether I should fear for my job or not.

Yes a state court can declare a states school finance unconstitutional( and can close the schools down. Have schools ever been shut down? Not that Im aware. But Texas has had its school finance system declared unconstitutional several times(Edgewood vs Kirby I-IV IIRC), the US Supreme Court ruled once during it, and it remanded back saying it is state issue, not a federal issue. Texas then came up with the Robin Hood Plan. Most legal experts are expecting the Texas Supreme Court to declare Robin Hood unconsitutional either this year or early next, which is why the Texas Legislature is in a special session at the moment.

Whats going to happen in Kansas is likely this. The Kansas Supreme Court will issue a temporary injunction. But more than likely Kansas will have to come up with a new school finance system, before next school year.

From the looks of it, the Judge is in the right, that the school system is unconstitutional under the Kansas constitution, however hes probably a wee bit overzealous in his issuing schools shut down.

 

[AcidicFury]

Lucky students...

 

[digitalsm]

Originally posted by: Saulbadguy

Originally posted by: digitalsm

Originally posted by: conjur
http://www.foxnews.com/story/0,2933,119627,00.html

TOPEKA, Kan. ? The state must immediately close its public schools while it fixes constitutional flaws in its system for distributing aid to those schools, a district judge ruled Tuesday in a case that is already under appeal to the Kansas Supreme Court (search).

Because the case has already been appealed, it was not immediately clear how soon schools would close, or whether they would close.

The state asked the Kansas Supreme Court for an emergency injunction. But this wouldnt effect the current school year, its ALREADY been funded, this would effect next school year. I bet its resolved.

Correct. We already got our "calm down" emails saying the current year will go on as planned. Our budget doesn't actually get "reset" or whatnot until july.

Next year will go on as well, no doubt. The Kansas Supreme Court wont allow the schools to be shut down, while the legislature fixes the issues. IMHO the state should be proactive and call the Kansas Legislature to a special/emergency session, to resolve these issues. Going through the courts will be an extremely protracted process, just look at Texas.

 

[Spencer278]

Originally posted by: digitalsm

Originally posted by: EagleKeeper

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

Article states that schools will be closed in the fall unless the state corrects the problems with funding.
It is possible that the judge will also prevent funds from being released after 30 June.


However, I wonder how a county judge can control the state funding?

That is like a state suprememt court dictating to the Federal circuit court.:Q

You are confused.

Major civil cases ALWAYS start at the district(county) level.

This judge found the state's school funding to be unconstitutional, according to the states constitution. So no this does NOT dictate a federal circuit court. In fact, the Supreme Court has ALREADY SAID, suits against school funding in states, have to be dealt with by the states. They have ruled school funding is a state issue, not a federal issue.

Correct a lot of states have had the same problem. I know Vermont had to change it school funding laws a few years ago.

The court didn't give much time to the state to fix the problem. The state should have at least a full year to completely revamp the funding for the school system.

 

[digitalsm]

Originally posted by: Spencer278

Originally posted by: digitalsm

Originally posted by: EagleKeeper

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

Article states that schools will be closed in the fall unless the state corrects the problems with funding.
It is possible that the judge will also prevent funds from being released after 30 June.


However, I wonder how a county judge can control the state funding?

That is like a state suprememt court dictating to the Federal circuit court.:Q

You are confused.

Major civil cases ALWAYS start at the district(county) level.

This judge found the state's school funding to be unconstitutional, according to the states constitution. So no this does NOT dictate a federal circuit court. In fact, the Supreme Court has ALREADY SAID, suits against school funding in states, have to be dealt with by the states. They have ruled school funding is a state issue, not a federal issue.

Correct a lot of states have had the same problem. I know Vermont had to change it school funding laws a few years ago.

The court didn't give much time to the state to fix the problem. The state should have at least a full year to completely revamp the funding for the school system.

They dont need a year. Three months is more than enough time, if this was the only issue they were working on.

 

[Saulbadguy]

digitalsm,

Thanks for your informative posts. Alot of my co-workers (myself included) have been somewhat fearful of losing their jobs.

 

[EagleKeeper]

Originally posted by: digitalsm

Originally posted by: EagleKeeper

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

Article states that schools will be closed in the fall unless the state corrects the problems with funding.
It is possible that the judge will also prevent funds from being released after 30 June.


However, I wonder how a county judge can control the state funding?

That is like a state suprememt court dictating to the Federal circuit court.:Q

You are confused.

Major civil cases ALWAYS start at the district(county) level.

This judge found the state's school funding to be unconstitutional, according to the states constitution. So no this does NOT dictate a federal circuit court. In fact, the Supreme Court has ALREADY SAID, suits against school funding in states, have to be dealt with by the states. They have ruled school funding is a state issue, not a federal issue.

My point is that how can a county judge dictate to the state how to fund a state wide program.
Power is delegated down hill.

My example was of a state judge placing demands on a federal system. It should not work that way.
No body should be able to dictate their rules to another body that is above their guidelines

 

[digitalsm]

Originally posted by: EagleKeeper

Originally posted by: digitalsm

Originally posted by: EagleKeeper

Originally posted by: Saulbadguy

Originally posted by: datalink7
Somebody didn't proof read their news story before posting it,

Its very possible I don't understand what I read, but I did read the entire article. What am I missing?

Article states that schools will be closed in the fall unless the state corrects the problems with funding.
It is possible that the judge will also prevent funds from being released after 30 June.


However, I wonder how a county judge can control the state funding?

That is like a state suprememt court dictating to the Federal circuit court.:Q

You are confused.

Major civil cases ALWAYS start at the district(county) level.

This judge found the state's school funding to be unconstitutional, according to the states constitution. So no this does NOT dictate a federal circuit court. In fact, the Supreme Court has ALREADY SAID, suits against school funding in states, have to be dealt with by the states. They have ruled school funding is a state issue, not a federal issue.

My point is that how can a county judge dictate to the state how to fund a state wide program.
Power is delegated down hill.

My example was of a state judge placing demands on a federal system. It should not work that way.
No body should be able to dictate their rules to another body that is above their guidelines

Thats why they have two levels of courts above that. Appealette, and Supreme. Its called checks and balances.

To be percise, the reason why the district judge can do this, is because a case was brought against the county. And counties are arms of the state. The program covers the county, within the state, and all the ISDs in that county, this is why he can tell the state its unconstitutional. There is AMPLE precedent, its just the way the checks and balances were set up.

Furthermore, the judge isnt dictating anything, hes just saying the current system is unconstitutional.

Also your example is flawed. Its not like a state judge placing demands on a federal system(US Legislature), its like a federal district court placing demands on the US Legislature.

State district court ruling a state program unconstitutional at the state level is like a US District court ruling a federal program unconstitutional at the national level.