As with every Gannon proceeding since it came to the Supreme Court, I attended the oral arguments in mid-July. Very little about the content of the formula itself gave the court pause. The provisions at issue are a series of items added in the conference committee process:

• 10% minimum floor for at-risk funding,
• Use of capital outlay funds for property and casualty insurance payments as well as utilities, and
• The requirement for a protest petition to increase Local Option Budget (LOB) from 30% to 33%.

The bulk of the hearing was spent addressing adequacy of funding. The court appeared visibly out of patience with the State’s arguments, particularly questioning the State’s claim that per-pupil funding below 2008-09 levels meet the adequacy test.

I have said since SB 19 passed that funding beyond the current level will likely be ordered. Schools are locking in plans for the upcoming school year, so additional funds will be of more use if schools have time to plan for next year and beyond. Whether we are called back for a special session, or are given part of the 2018 legislative session to craft a remedy, I am prepared to do the work necessary to properly fund our schools.”

Predictions became reality with the delivery of Gannon last Monday.

The most frequently asked question is "How in the world are you going to be able to address the court order?" My answer continues to be that if we remain calm and focused, crafting an acceptable remedy is within our reach. Many are already politicizing the situation. We are hearing familiar criticism of activist judges. Others are turning this into a battle between Johnson County and the rest of the state. Meanwhile, outside special interest groups like Americans for Prosperity are already hard at work spreading their propaganda (as discussed in my September newsletter). However, the children of this state deserve our undivided attention.

I spent much of last week engaged in preliminary conversations surrounding the “to-do list” this opinion lays out. For the remainder of this year, I will be working on legislative alternatives and welcome the opportunity to collaborate with my colleagues to find a lasting solution. We must be ready to evaluate and debate as soon as the legislature reconvenes in January.

With this latest opinion, the problems have been considerably narrowed down and the path forward seems clear to me, though certainly not easy. Finding the consensus necessary to move the appropriate remedy through the entirety of the process will require your patience and understanding for the decisions that lie ahead. In that regard, I trust I will have your support.