[page 15 • Back-to-School 2014]
Log-rolling and the
Kansas Constitution
Kansas teachers and students are expected to follow rules. In their jobs,
employees must follow rules. Good citizens are guided by laws. Former
Supreme Court Justice, Felix Frankfurter said, “Legal process is an essential
part of the democratic process.” Yet, on the weekend of April 5, 2014,
extreme special-interest legislators in the Kansas statehouse, passed a bill
into law that disregarded rules set forth in the Kansas Constitution.
For months prior to the passage of H.B. 2506, leaders and members of KNEA
along with thousands of public education supporters called for the Governor
and Kansas Legislature to pass a ‘clean’ school funding bill. The bill that was
passed met conditions for equity in accordance with the Kansas Supreme
Court ruling in the case of Ganon vs. The State of Kansas. The partial
restoration of funds provided by this bill are welcome. However, the inclusion
of harmful policy unrelated to the appropriations afforded in the bill violate
procedural rules. Why would legislators choose to ignore these rules?
KNEA members recognized the policy amendments for what they are. Taken
from the playbook of the extreme Koch-tied American Legislative Exchange
Council (ALEC), these policy amendments were part of an ongoing attack on
public education. Exploiting an opportunity to advance an extreme agenda,
legislators beholden to wealthy special-interests chose to log-roll these
attacks into a bill intended for a very specific purpose, the equitable funding
of Kansas public schools.
On June 6, 2014, KNEA announced intentions to bring a legal challenge to
aspects of HB 2506. Specifically, the complaint addresses what some have
described as a “technicality.” KNEA members however, don’t consider a gross
departure from the state constitution a simple technicality. According to
Article 2, Section 16 of the Kansas State Constitution, “No bill shall contain
more than one subject,”. HB 2506, is an appropriations (funding) bill.
Regardless of opinion on the merits of stripping non-probationary teachers
of their right to request an impartial hearing upon termination (due process),
policy such as this and appropriations are different subjects.
What next?
This lawsuit challenges the usurpation of
the rules set for by the Kansas constitution.
Regardless of the outcome it is simply one
more way KNEA is fighting for Kansas public
schools, educators and students.
KNEA leaders and members throughout
the state have pledged to remain active as
we collectively raise our hands for public
schools. This lawsuit should not be viewed
as an “endgame.”
If you have not already contacted and
pledged to volunteer your time to a pro
public education campaign, group, or
initiative, now is the time to do so.
Redshirts, yard signs, and even this legal
challenge are all part of our effort, but
none of these things vote. If you have not
registered, please do so and then vote. Just
as important, encourage others to vote too!
Order your
For more than 150 years, KNEA has stood for democracy and fairness. With
stated core values including promotion of a just society, democracy, and
collective action, KNEA is much more than a union of educators. We are
members who stand for what is right in Kansas. KNEA members believe
that this is a watershed moment when the Governor and his allies in the
legislature are willing to ignore the state constitution with blatant disregard
for the consequences of doing so.
blic Education
For Pu
redshirt online
http://tinyurl.com/
redshirt4