IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS |
DIVISION SIX |
| ERIC and RYAN MONTOY, et al, | ) | |||
| ) | ||||
| ) | Case No. 99-C-1738 | |||
| ) | ||||
| Plaintiffs, | ) | |||
| ) | ||||
| ) | ||||
| v. | ) | |||
| THE STATE OF KANSAS, et al | ) | |||
| ) | ||||
| Defendants. | ) | |||
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_____________________________ | ) |
The above captioned matter comes before the Court on a joint motion by all parties to clarify as to whether the Court’s order of restraint, called for in the Court’s May 11, 2004 Remedy Order, applies to the expenditure of funds for financial obligations relating to the acquisition of capital assets. The simple answer is no.
In this Court’s Remedy Decision, the Court directed “Plaintiffs to prepare for the Court’s consideration a proposed order of restraint, punishable by contempt, directed to the following individuals and classes of individuals: the Kansas State Treasurer, all county treasurers, relevant city fiscal officers, the boards of all school districts, and to any other individual or public body which furnishes or expends funds for public schools.” The Court further stated that the “order of restraint shall command the individuals and classes of individuals served to cease and desist the expenditure of funds under all education funding statutes for the purposes of operating schools (including, but not limited to K.S.A. 72-6405, et seq., the School District Finance and Quality Performance Act; K.S.A. 72-8807, et seq., the capital outlay funding provisions; and K.S.A. 72-961, et seq., the special education excess cost provisions, and all other relevant statutes designed to authorize expenditures for Kansas K-12 education).”
The Court’s Remedy Decision does not and it’s subsequent order of restraint will not prohibit (1) the levy and collection of taxes and the expenditure of funds for the purpose of paying a school district’s general obligation bonds, temporary notes, no-fund warrants and leases, lease-purchase agreements, and other financial obligations relating to the acquisition of capital assets and (2) the Kansas State Treasurer and other state officials from making payments to school districts from the school district capital improvements fund, pursuant to K.S.A. 75-2319.
This Memorandum Decision and Order shall serve as the Order of the Court, no further journal entry being required. Dated this 18th day of May 2004.
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Terry L. Bullock
District Judge