Four Johnson County school districts have formed a coalition and hired legal counsel to sue Kansas over the state's long-running failure to meet a statutory requirement that it cover 92 percent of the excess cost of special education. Blue Valley, De Soto, Olathe, and Shawnee Mission signed a memorandum of understanding on May 20, 2026, creating the Kansas Public School Funding Coalition. The districts collectively serve more than 83,000 students. In August, the coalition announced it had selected the law firm Lathrop GPM to develop a litigation strategy. No lawsuit has been filed.
The funding gap
Kansas has not met the 92 percent threshold since 2011, according to data from the Kansas State Department of Education reported by the Kansas City Star. In the 2024-25 school year, the state covered 75.4 percent of excess costs. That figure dropped to an estimated 67.2 percent for the current school year and is projected to fall to about 65.2 percent next year, based on the budget passed by both legislative chambers.
The law itself, K.S.A. 72-3422, sets the reimbursement rate at 92 percent of statewide excess costs, but makes that amount subject to appropriation by the legislature. The Kansas Legislative Research Department confirmed that the law includes a proration mechanism: when appropriations are insufficient, state aid is automatically distributed at a reduced rate. Under this proration mechanism, actual reimbursements can fall below 92 percent when the legislature does not appropriate enough funding to meet that level.
Legal and legislative context
The coalition's litigation effort comes after the closure of the Gannon v. State of Kansas case in 2024, according to the Johnson County Post. The Kansas Supreme Court determined the state had fulfilled all mandated increases for overall K-12 funding, ending that channel for judicial intervention. The new coalition must start a separate legal process focused specifically on special education.
In 2024, the Kansas Legislature considered rewriting state law to permanently lower the special education funding requirement below 92 percent, the Kansas Reflector reported. Education advocates warned the proposal would permanently underfund special education. The measure did not pass, but the attempt illustrates the legislative backdrop for the districts' legal action.
Attempts to close the gap
A special education funding task force established by the legislature recommended in 2024 that lawmakers add $82.7 million annually for four years to reach full compliance with the 92 percent law, according to the Kansas Reflector. The legislature instead approved $75 million in new special education funding in 2024, and only $6 million in 2025, widening the gap. Governor Laura Kelly had proposed adding $50.6 million for the 2025 session, and the Kansas State Department of Education recommended $150 million.
A separate legislative task force continues to meet to examine whether the current special education funding law is fair and whether changes are needed, with a recommendation due in January. As reported by KSHB, no proposals had been made as of the time of that report.