The judge found that Kansas was not responsible for paying the attorney’s fees incurred by Schools for Fair Funding, the coalition of public school districts that filed suit in state and federal court seeking an increase in school funding.
“School finance litigation has consumed state government for the past 8 eight years and I’m happy to say this decision saves Kansas between $2 and 3 million,” Morrison said. “The court stated that: “this case is over.”"
The United States District Court determined the plaintiffs were not entitled to attorney’s fees under 42 USC 1988 for their victory against the State and Board of Education in the state courts. The plaintiffs had continued litigation in order to gain compensation for these fees in federal court.
“Because of litigation, Kansas schools are stronger and our children will have more opportunities to succeed,” Morrison said. “But it’s time for the state to move forward and put our money in classrooms, not courtrooms.”
The Kansas Legislature also filed a brief in this case opposing the request for legal fees by Schools for Fair Funding.
In the past eight years, the Kansas Supreme Court has issued five opinions in Montoy v. State of Kansas. In 2005, the Legislature was called back into a special session by Governor Kathleen Sebelius to solve the school finance problems. The result has been a nearly $800 million increase in spending for Kansas schools.