This is a breaking news story that will be updated as we learn more and get more comments.
The four biggest school districts in Johnson County are joining together to prepare for possible legal action against the state of Kansas over what they say is a years-long failure to adequately fund special education.
In a statement on Wednesday, Olathe Public Schools, Blue Valley Schools, the USD 232 De Soto School District and the Shawnee Mission School District said they’ve “reached a tipping point” after 15 years of special education underfunding.
Together, the districts serve about 83,000 students and said that they collectively took out more than $119 million from their general education budgets for the 2024-25 school year to cover the state’s special education funding gap.
“Enough is enough and something must change,” the districts said in their joint press release. “Public school districts can no longer sustain the financial burden required to cover the state’s shortfall.”
Districts explore legal options
The districts announced on Wednesday that they had signed a memorandum of understanding establishing the “Kansas Public School Funding Coalition,” a collaborative effort focused on addressing the underfunding.
As part of that effort, the districts issued a request for proposals seeking legal counsel to help evaluate potential litigation, advise districts on school funding issues and develop a legal strategy.
The coalition has not yet selected an attorney or filed a lawsuit, according to Wednesday’s release.
Under Kansas statute, the state is supposed to reimburse districts for 92% of the “excess costs” associated with special education. “Excess costs” refer to the average amount it takes to serve a student with special needs above what it costs to educate a student in general education.
The districts say Kansas has failed to hit the statutorily required 92% threshold since 2011.
“The Legislature and state elected officials have consistently and deliberately chosen to shift those costs onto school districts and local taxpayers rather than fulfill their legal obligation,” the coalition wrote.
In an emailed statement to the Post, Patty Logan from Stand Up Blue Valley, a public education advocacy group in Overland Park, supported the school districts’ decision to consider legal action after more than a decade of alleged underfunding.
“The Kansas Legislature has robbed a generation of students of the education to which Kansas Law entitles them,” said Logan, who is currently the chair of Stand Up Blue Valley.
Lawmakers debated funding increases this year
During the 2026 legislative session, Kansas lawmakers debated several proposals to increase funding.
Democratic Gov. Laura Kelly proposed adding $50.6 million to special education funding, while the Kansas State Department of Education recommended $150 million. That would have brought funding for special education services to about 70% and 80% of excess costs, respectively.
During a K-12 Education Budget Committee meeting this winter, Rep. Susan Estes, a Wichita Republican, proposed adding $10 million to the budget beginning in 2027, bringing the total to $621 million, or 65.7% of excess costs.
Estes, at that time, emphasized wanting to keep the budget as tight as possible.
“I think we all have hearts that want to do more,” she said, “but I think that in light of the budget stabilization that we’re trying to achieve, adding more than we can stabilize and maintain in the long run does a disservice.”
In order to meet the 92% mark, the legislature would have had to add $225 million to the budget. In the end, lawmakers this year approved a $6 million increase.
This would not be the first time Kansas has faced litigation over school financing. A lawsuit, Gannon v. Kansas, was first filed by parents and school districts in 2010. The plaintiffs in that case argued that the state was violating its constitution by not adequately funding public schools.
Between 2014 and 2019, the Kansas Supreme Court ruled seven times that the state’s level of school financing was unconstitutional. The suit led to new school financing formulas and hundreds of millions of dollars in increased K-12 funding.
The Court officially closed the case in 2024 after it determined the state had fulfilled all its mandated increases.
Rep. Jarrod Ousley, a Johnson County Democrat in the Kansas House of Representatives, has advocated for more special education funding from the state legislature.
“The legislature has failed to meet the State’s statutory and moral obligation to fund Special Education, forcing the Districts to use local property tax dollars to pay for the State’s unwillingness,” Ousley said in an emailed statement to the Post. “I wish the Districts were able to focus solely on [educating] students, but I’m thankful they are willing to do what they need to do to ensure our communities continue to offer a solid educational foundation for all our students.”
At the time of publication, the governor’s office, several Democratic and Republican lawmakers from Johnson County and local school board leaders had not returned the Post’s request for comment.
Kaylie McLaughlin contributed reporting to this story.
