Robinson v. Kansas

• Citation: 117 F.Supp.2d 1124
• Decision Date: 14 September 2000
• Docket Number: No. CIV. A. 99-1193MLB.,CIV. A. 99-1193MLB.
• Parties: Cherokee, Lajuan and Mytesha ROBINSON, et al., Plaintiffs, v. The State of KANSAS, Bill Graves, et al., Defendant.
• Court: United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas

117 F.Supp.2d 1124

Cherokee, Lajuan and Mytesha ROBINSON, et al., Plaintiffs, v. The State of KANSAS, Bill Graves, et al., Defendant.

No. CIV. A. 99-1193MLB.

United States District Court, D. Kansas.

September 14, 2000.

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John S. Robb, Somers, Robb and Robb, Newton, KS, Alan L. Rupe, Kelly J. Johnson, Husch & Eppenberger, Wichita, KS, for Plaintiffs.

Emily B. Metzger, Office of U.S. Atty., Wichita, KS, Valerie Simons, U.S. Dept. of Justice, Educational Opportunities Litigation Sec., Washington, DC, for U.S.

Randall L. Manvitz, Gates, Biles, Shields & Ryan, P.A., Overland Park, KS, William Scott Hesse, Office of Atty. Gen., Topeka, KS, for State of Kan., Bill Graves.

Dan Biles, Randall L. Manvitz, Gates, Biles, Shields & Ryan, Overland Park, KS, for Linda Holloway, Andy Tompkins.

MEMORANDUM AND ORDER

BELOT, District Judge.

Plaintiffs have filed this multi-count complaint against the State of Kansas, its governor, and two education officials,¹ claiming two specific provisions of the State's School District Finance and Quality Performance Act, K.S.A. 72-6405 et seq., create a discriminatory disparate impact against the State's minority students, non-U.S. origin students, and disabled students. Plaintiffs claim the Act's provision for "low enrollment weighting" and "local option budgets" results in less funding per pupil in those schools in which minority, non-U.S. origin and disabled students are disproportionately enrolled. Plaintiffs claim the Act therefore violates Title VI, 42 U.S.C. § 2000d, the Rehabilitation Act of 1973, 29 U.S.C. § 703 et seq., and the plaintiffs' rights to Due Process and Equal Protection under the Fourteenth Amendment.² Plaintiffs seek prospective injunctive relief, specifically that the court order defendants to revise Kansas' school finance law to comply with federal law (Doc. 1 at 14).³

Defendants move to dismiss plaintiffs' complaint in its entirety. Two separate motions were filed: one on behalf of defendants Holloway and Tompkins (Doc. 12) the other on behalf of the State of Kansas and Governor Graves (Doc. 14). All parties incorporate the arguments made in the others' brief (Doc. 13 at 22 n.64; Doc. 15 at 32).

The United States moved to intervene (Doc. 32; Doc. 36 (granting motion)) and filed two amicus curiae briefs opposing defendants' motions (Docs.34, 35).

STANDARDS PERTAINING TO A MOTION TO DISMISS

For purposes of a Rule 12(b)(6) motion, the court must assume the truth of all well-pleaded facts in plaintiffs' complaint and view them in a light most favorable to the plaintiffs. See Zinermon v. Burch, 494 U.S. 113, 118, 110 S.Ct. 975, 979, 108 L.Ed.2d 100 (1990); Swanson v. Bixler, 750 F.2d 810, 813 (10th Cir.1984) ("All well-pleaded facts, as distinguished from conclusory allegations, must be taken as true."). Plaintiffs need only plead minimal factual allegations on those material elements that must be proved. See Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Allegations of conclusions or opinions are not sufficient, however, when no facts are alleged by way of the statement of the claim. See Bryan v. Stillwater Bd. Realtors, 578 F.2d 1319, 1321 (10th Cir. 1977). The court must view all reasonable inferences in favor of the plaintiffs, and the pleadings must be construed liberally. See id.; Lafoy v. HMO Colorado, 988 F.2d 97, 98 (10th Cir.1993); Fed.R.Civ.P. Rule 8(a).

The court may not dismiss a cause of action for failure to state a claim "unless it appears beyond a doubt that the plaintiff[s] can prove no set of facts in support of the theor[ies] of recovery that would entitle [them] to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957); see also Jacobs, Visconsi & Jacobs, Co. v. City of Lawrence, Kansas, 927 F.2d 1111, 1115 (10th Cir. 1991); Grider v. Texas Oil & Gas Corp., 868 F.2d 1147, 1148 (10th Cir.1989). The issue is not whether plaintiffs will ultimately prevail on their claims, but whether they are entitled to offer evidence to support their claims. See Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974).

THE COMPLAINT

Plaintiffs are minority, non-U.S. origin, and disabled students attending school districts in Dodge City and Salina, Kansas (Doc. 1 ¶¶ 1-17). The State funds its school districts pursuant to the School District Finance and Quality Performance Act, Kan. Stat. Ann. 72-6405 et seq. The Act sets forth a statutory funding formula under which the State determines the amount of funding allotted to each school district (Doc. 1 ¶ 24). According to plaintiffs' complaint, the State receives federal funds from education programs administered by the federal government and such funds are disbursed to the school districts pursuant to the statutory funding formula (Doc. 1 ¶ 25).

Under the statutory funding formula, each school district receives a set amount of money per student enrolled in the district (Doc. 1 ¶ 26). A statutory base rate is adjusted by several factors, two of which are at issue in this litigation: "low enrollment weighting" and "local option budgets" (Doc. 1 ¶¶ 27, 33). Low enrollment weighting provides additional funds per student in school districts with fewer than 1725 students (Doc. 1 ¶ 27). Additionally, the school funding act permits individual school districts to pass local option budgets to supplement state funding. To do so requires the levying of additional taxes in the district and is sometimes dependent on the approval of residents in the district (Doc. 1 ¶ 33). Plaintiffs claim a "direct correlation exists between the median income and property values in a school district and that district's ability to raise funds through a [local option budget]. School districts with comparatively high median incomes and property values raise more funds through [local option budgets] than those with comparatively low incomes and property values." (Doc. 1 ¶ 33).

Plaintiffs allege minority students, non-U.S. origin students and disabled students are disproportionately enrolled in comparatively low wealth school districts that are also ineligible for low enrollment weighting. Thus, such students disproportionately receive less funding per pupil on a state-wide basis and, as a result, fewer educational opportunities than white, U.S. origin and non-disabled students (Doc. 1 ¶¶ 28-30, 34-36).

THE ELEVENTH AMENDMENT

Defendants argue the Eleventh Amendment of the United States Constitution bars plaintiffs' suit.⁴ The Eleventh Amendment provides that "[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." U.S. Const. amend. XI. The Supreme Court interprets the Amendment to mean that "an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State." Edelman v. Jordan, 415 U.S. 651, 663, 94 S.Ct. 1347, 1355, 39 L.Ed.2d 662 (1974).

Three exceptions to Eleventh Amendment immunity exist:

First, a state may not assert an Eleventh Amendment defense where Congress has properly abrogated its immunity. See Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 55, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). Second, a state may waive its sovereign immunity by consenting to suit in federal court. College Sav. Bank v. Florida Prepaid Post-secondary Educ. Expense Bd., 527 U.S. 666, 119 S.Ct. 2219, 2223, 144 L.Ed.2d 605 (1999). Third, a private party may sue a state officer for prospective injunctive or declaratory relief from an ongoing violation of the Constitution or federal laws. See Ex parte Young, 209 U.S. 123, 159-60, 28 S.Ct. 441, 52 L.Ed. 714 (1908); see also Alden v. Maine, 527 U.S. 706, 119 S.Ct. 2240, 2267, 144 L.Ed.2d 636 (1999) (affirming the continuing vitality of Ex parte Young).

MCI Telecommunications Corp. v. Public Serv. Comm. of Utah, 216 F.3d 929, 935 (10th Cir.2000).

A. The State of Kansas as a Defendant

In their response brief, plaintiffs write that "[t]he State of Kansas and Governor Graves can be sued under Title VI and the Rehabilitation Act. Governor Graves and defendants Holloway and Tompkins can be sued under 42 U.S.C. § 1983 on plaintiffs' federal constitutional claims." (Doc. 27 at 4). The court understands plaintiffs' statement to mean that plaintiffs do not wish to pursue their Equal Protection and Due Process claims against the State. The court also notes that in their response to Defendants Holloway and Tompkins' motion to dismiss, plaintiffs request leave to amend their Complaint to include a claim under Title II of the Americans with Disabilities Act (Doc. 31 at 13). For purposes of this opinion, the court will assume plaintiffs intend to pursue this claim against the State and will address such a claim accordingly. See discussion, infra, at 14.

As to defendants' argument that the State is protected from this lawsuit under the Eleventh Amendment, plaintiffs reply that two exceptions to the State's Eleventh Amendment immunity exit. First, plaintiffs argue that by accepting federal funds, the State has waived its sovereign immunity. Second, plaintiffs argue Congress abrogated the State's sovereign immunity by its enactment of 42 U.S.C. § 2000d-7(a)(1). The court will address each of the arguments in turn.

1. Title VI

a. Waiver by accepting federal funds

Plaintiffs argue the State waived its Eleventh Amendment immunity as to Title VI by accepting federal educational funds. A state may waive its Eleventh Amendment immunity in one of two ways. First, a state may voluntarily invoke the jurisdiction of a federal court. See College Sav. Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 675, 119 S.Ct. 2219, 2226, 144 L.Ed.2d 605 (1999). This has not occurred here. Second, a state waives its immunity if it ...