(June 8, 2021) KSBA is aware of the Council for Better Education’s lawsuit challenging the education opportunity account tax credit program that is to be created pursuant to HB 563. Following the final passage of that bill last session, it was widely speculated by both supporters and opponents of that program that it would likely be challenged in court at some point. Any challenge to this legislation will certainly not be the first time our state courts have weighed in on public education funding questions. A body of jurisprudence has formed over many decades, staking the parameters of school funding, including what the state or local boards can or cannot do with funding.
KSBA is not a party to this lawsuit. We would refer any questions involving the lawsuit to the attorneys representing the parties involved, and to the Council for Better Education, Inc.