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If Kansas Supreme Court shuts public schools down; this could create construction chaos at USD 353

by Tracy McCue, Sumner Newscow — If the Kansas Supreme Court follows through with its threat to the state legislature to close the state’s public school system on July 1, this could create a problem for USD 353 and the construction process.

Wellington Superintendent Rick Weiss told the board at last week’s meeting that it the court shuts down the Kansas public school system, all construction on the safety and security bond project quite possibly will come to a halt and will not start again until a settlement is reached.

That comes as unwelcome news to the board, which is hoping that the project will come to a completion before the 2016-17 school year starts in August. Deadlines are tight at the moment.

USD 353 is currently in a two-year construction project that includes major innovation to the various school buildings for safety and maintenance issues. While much of the project is complete, there is still several items left to do including the implementation of a new HVAC unit and boiler at the Wellington Middle School and the repaving of the parking lot.

Weiss said the state supreme court has threatened the legislature that if it does not adequately address the inequality funding mechanisms in its latest legislation, the court will shut the school system down on July 1 – the beginning of the school calendar year.

“If that happens, all employees, venders, contractors would be paid for their services on June 30,” Weiss said. “But then thereafter, everything will be closed. All public employees will go home and won’t come back until ordered.”

From that perspective, that puts a wrench in the early August construction deadline plans when USD 353 is scheduled to restart. In this case, the construction workers are considered school employees until the project is complete.

“I’ve been telling them exactly what I’m telling you, I don’t know what is going to happen,” Weiss said. “Everything is on hold.”

The Kansas Supreme Court ruled in February that the state’s 2015 block grant funding law, which was meant to be a temporary fix replacing a per-student formula, actually left poorer school districts with a $54 million shortfall. It therefore ordered that if adequate legislation that addresses the inequality issue isn’t in place by then, the court will decide that “no constitutionally valid school finance system exists… and without one, the schools in Kansas will be unable to operate beyond June 30.”

“Accordingly, the Legislature’s chosen path during the 2016 session will ultimately determine whether Kansas students will be treated fairly and the schoolhouse doors will be open to them in August for the beginning of the 2016-2017 school year,” the ruling stated.

Kansas State Attorney General Derek Schmidt has filed a brief with the Kansas Supreme Court this week in hopes to stave off the possible closure.

Weiss said the legislature and court are headed for a showdown in May, with oral arguments for both sides starting on May 10.

“It will be interesting to see what the political fortitude is of the supreme court,” Weiss said. “I am sure they are under tremendous pressure both individually and collectively.”

Stay tuned.

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In other business, the school board:

•Approved the resignations of the following personnel effective at the end of the 2015-16 school year:

– Rene Ferguson: USD 353 Speech-language pathologist;

– Brandi Kirschen: secretary at Kennedy Elementary;

– Kelsi Barlow, fifth grade teacher at Eisenhower Elementary;

– Damian Hays, WHS Spanish teacher, TIRC and MTSS team.

•Tabled the consideration of school picture bids for 2015-16 until it could gather some more input;

•Approved using Agler & Gaeddert of Emporia as the auditor for the district;

•Allowed the use of the school building for Larry Steckline for the Wheat Festival using the same stipulation administered from the previous year.

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