JoCo districts hire law firm in fight over special ed funds

August 12, 2026 - 19:19

Several school districts in Johnson County have hired a law firm as they consider suing the state over what they call a long-running shortfall in special education funding. The districts say Kansas has failed to meet its legal obligation for 15 years, leaving local budgets to cover tens of millions of dollars in costs that should have come from Topeka.

The move signals a more aggressive stance after years of quiet complaints. District leaders argue that the gap between what the state provides and what special education actually costs has grown so wide that it is now squeezing money away from regular classrooms, teacher salaries, and building maintenance. They point to state law that says Kansas should fund a certain percentage of special education expenses, but the actual appropriations have consistently fallen short of that target.

The law firm, which has experience in school funding cases, will explore options including a possible lawsuit. No formal case has been filed yet. The districts want to know if they have legal standing to force the state to make up the difference, and whether they can recover some of the past underfunding.

State officials have not commented directly on the hiring. But the dispute is not new. Lawmakers have known about the shortfall for years, and past attempts to increase special ed funding have been piecemeal. The districts say they are done waiting. They want a binding decision, not another promise. If they do sue, it would be the latest in a long line of Kansas school funding battles, but this one focuses specifically on special education rather than general school aid.