Election Preview: Kansas鈥檚 Supreme Court Wants the State鈥檚 Schools Fully Funded, but the Two Candidates Vying for Governor Have Very Different Ideas About That
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It was only a few years ago that Kansas schools were shortening their academic calendars, cutting sports programs, and eliminating teaching positions to cope with the tax plan of then-Gov. Sam Brownback.
Brownback, who held office from 2011 to 2018, ushered in the largest income tax cuts in state history with the hope of boosting the economy. Instead, economic growth slowed and falling state revenue decimated schools and other state services.
Schools are now recuperating, thanks to a 2017 rollback of Brownback鈥檚 tax program and a state Supreme Court ruling that ordered the legislature to increase spending on education. But the question of whether Kansas can or will continue to better fund its schools looms over the upcoming gubernatorial election between state Sen. Laura Kelly, a Democrat, and Secretary of State Kris Kobach, a Republican.
Kelly, 68, calls herself 鈥溾 and has made schools a leading issue in her campaign, with a 20-paragraph supporting early childhood education, increased funding for schools, vocational training, higher education, and student mental health. She has served in the state Senate since 2005 and been endorsed by the state鈥檚 teachers union and former Republican governor and former Republican U.S. Senator from Kansas .
Kobach, 52, had vowed to not increase state spending or taxes. He has aligned himself closely with President Donald Trump and earned his a day before the Aug. 7 primary. Kobach is nationally known for his work on Trump鈥檚 short-lived , which found no evidence of fraud, and for his . A grand jury is also whether he obstructed voter registration. His education supports putting more currently budgeted state money toward classroom instruction and support for trade schools.
A third candidate, Greg Orman, 49, is lagging in the polls but is 鈥済oing to muck this up one way or another,鈥 said Rick Ginsberg, dean of education at the University of Kansas. Orman supports , in accordance with the court order, and aligns most closely with Kelly鈥檚 education platform. This could split the vote and .
Republicans hold the trifecta of government power 鈥 controlling the House, Senate, and governorship 鈥 but even in a state that voted for Trump, the race is close. A by the Kansas National Education Association found Kelly and Kobach essentially tied two months before the election, with 38 percent of voters favoring Kelly and 39 favoring Kobach. Nine percent favored Orman.
The governorship has passed between Democrats and Republicans over the years, though the legislature has been mostly under Republican control. The Republican Party in Kansas is divided between conservatives and moderates, especially since the economic downturn that left Brownback as one of the in America. In response, the 2016 state election saw a wave of more moderate Republicans sweeping the legislature. In 2017, the legislature voted to roll back Brownback鈥檚 tax plan and, overruling his veto, raised taxes across the state.
But how voters will respond to the candidates鈥 positions on taxes remains to be seen. Brownback鈥檚 lieutenant governor, Jeff Colyer, who took over in January when Brownback accepted a post in the Trump administration, lost to Kobach by in the Republican primary.
Kobach hasn鈥檛 been afraid of supporting Brownback鈥檚 unpopular tax cuts, but he says he would have implemented them differently by also reducing state spending. 鈥淲hile I support the tax cuts that were in place, I don’t support the way they were done,鈥 Kobach in April.
But others aren鈥檛 so sure that his plan wouldn鈥檛 devastate the economy. 鈥淭he fear that I鈥檓 hearing to his candidacy is that he has talked about returning to the tax cuts that really hurt the economy under Brownback,鈥 Ginsberg said. 鈥淭he state got through the recession relatively OK … but Brownback pushed through large tax cuts, and the worst fears people had about them came true.鈥
Kobach鈥檚 pledge on taxes and spending contradicts the court on school funding. The Kansas Supreme Court has of telling the state that school funding is inadequate; this summer, it ruled that while the legislature has made progress in increasing funding, it still needs to account for inflation, and gave lawmakers another year to comply.
Kobach 鈥 along with other conservatives 鈥 has said the court overstepped its authority. “The next governor is going to have to face this issue,” . “And the bottom line is, the constitution of Kansas gives to the elected representatives of the people the sole decision-making about how much money to spend and how much taxes to levy upon the people of Kansas.鈥
Kelly disagrees. 鈥淚鈥檓 grateful for the court鈥檚 work, and I respect its decision,鈥 鈥淲e will work together in the coming year to fully fund our schools and give all children the opportunities they deserve.鈥
This will be the central education issue facing the next governor, said Mark Tallman, associate executive director of the Kansas Association of School Boards. If the legislature doesn鈥檛 comply, the court could shut down the schools.
鈥淭hat鈥檚 been suggested as the proverbial nuclear option,鈥 Tallman said. 鈥淪ome legislators are saying, 鈥楲et鈥檚 dare the court to do that.鈥 We would be in the absolutely unknown territory of a constitutional crisis if that were the case.鈥
Kansas schools have been able to add new staff positions and this year 鈥 some the largest in decades 鈥 from $500 million in new funding allocated by the legislature for the next five years.
The state鈥檚 Department of Education also started a school improvement program, dubbed , after hearing from parents, teachers, and community members that they wanted students to learn more than just academic skills. Pilot districts have already begun redesigning their schools to better support social-emotional learning, kindergarten readiness, graduation rates, career-based study, and higher education.
鈥淔rom the education community, there鈥檚 certainly a concern that Secretary Kobach鈥檚 policies would really change this direction we鈥檙e in now,鈥 Tallman said.
Kobach did not respond to multiple requests for comment. Kelly鈥檚 team offered to provide a statement but did not send one as of the publication date.
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