PETRELLA v. BROWNBACK

Nos. 13-3334, 14-3023.

787 F.3d 1242 (2015)

Diane PETRELLA, next friend and guardian of minor N.P., minor C.P.; Nick Petrella, next friend and guardian of minor N.P.; minor C.P., Michelle Trouve', next friend and guardian of minor J.T., minor Z.T., minor N.T.; Marc Trouve', next friend and guardian of minor J.T., minor Z.T., minor N.T.; Meredith Bihuniak, next friend and guardian of minor S.B., minor O.B., minor A.B., minor E.B.; Chris Bihuniak, next friend and guardian of minor S.B., minor O.B., minor A.B., minor E.B.; Mike Washburn, next friend and guardian of minor A.W., minor R.W.; Laurence Florens, next friend and guardian of minor A.W., minor R.W.; Paul Erdner, next friend and guardian of minor M.E., minor A.E.; Julie Erdner, next friend and guardian of minor M.E., minor A.E.; Christophe Sailly, next friend and guardian of minor E.S., minor N.S.; Catalina Sailly, next friend and guardian of minor E.S., minor N.S.; John Webb Roberts, next friend and guardian of minor M.C.R., minor W.C.R.; Terre Manne, next friend and guardian of minor C.J.M.; Alison Barnes Martin, next friend and guardian of minor C.O.M., minor C.E.M.; Kurt Kuhnke, next friend and guardian of minor A.K.; Lisa Kuhnke, next friend and guardian of minor A.K., Plaintiffs-Appellants, v. Sam Brownback, Governor of Kansas, in his official capacity; Derek Schmidt, Kansas Attorney General, in his official capacity; Ron Estes, Kansas State Treasurer, in his official capacity, Dr. Diane Debacker, in her official capacity as Kansas Commissioner of Education; Janet Waugh, in her official capacity as Chair of the Kansas State Board of Education; Kathy Martin, in her official capacity as a member of the State Board of Education; Sue Storm, in her official capacity as a member of the Kansas State Board of Education; Kenneth Willard, in his official capacity as a member of the Kansas State Board of Education; John W. Bacon, in his official capacity as a member of the Kansas State Board of Education; Dr. Walt Chappell, in his official capacity as a member of the Kansas State Board of Education; Carolyn L. Wims-Campbell, in her official capacity as a member of the Kansas State Board of Education; Jana Shaver, in her official capacity as Vice-Chair of the Kansas State Board of Education; Sally Cauble, in her official capacity as a member of the Kansas State Board of Education; David T. Dennis, in his official capacity as a member of the Kansas State Board of Education; Defendants-Appellees, and Evette Hawthorne-Crosby, next friend and guardian of minor B.C.; Joy Holmes, next friend and guardian of minor J.H.; Jim Holmes, next friend and guardian of minor J.H.; Jennifer Kennedy, next friend and guardian of minor O.K.; George Mendez, next friend and guardian of minor G.M.; Eva Herrera, next friend and guardian of minor D.H., minor G.H., minor K.H.; Monica Mendez, next friend and guardian of minor G.M.; Ramon Murguia, next friend and guardian of minor A.M.; Sally Murguia, next friend and guardian of minor A.M.; Ivy Newton, next friend and guardian of minor L.N.; Matt Newton, next friend and guardian of minor L.N.; Schelena Oakman, next friend and guardian of minor C.O.; Clara Osborne, next friend and guardian of minor N.W.; Misty Seeber, next friend and guardian of minor A.S., minor B.S.; David Seeber, next friend and guardian of minor A.S., minor B.S.; John Cain, next friend and guardian of minor L.C.; Becky Cain, next friend and guardian of minor L.C.; Meredith Gannon, next friend and guardian of minor L.G., minor A.G., minor G.G.; Jeff Gannon, next friend and guardian of minor L.G., minor A.G., minor G.G.; Andrea Burgess, next friend and guardian of minor J.B.; Martha Pint, next friend and guardian of minor C.P.; Darrin Cox, next friend and guardian of minor J.C.; Lois Cox, next friend and guardian of minor J.C.; Danie Eldredge, next friend and guardian of minor A.E.; Josh Eldredge, next friend and guardian of minor A.E.; Glenn Owen, next friend and guardian of minor A.O.; Ryan Rank, next friend and guardian of minor M.R.; Beulah Walker, next friend and guardian of minor Q.W.; Bianca Alvarez, next friend and guardian of minor M.A.; Norma Del Real, next friend and guardian of minor P.D., minor V.D.; Adriana Figueroa, next friend and guardian of minor T.F.; Rebecca Fralick, next friend and guardian of M.S.; Consuelo Treto, next friend and guardian of minor A.T.; Melissa Bynum, next friend and guardian of minor T.B.; Bryant Crosby, next friend and guardian of minor B.C., Defendant Intervenors-Appellees. Blue Valley Unified School District No. 229; Shawnee Mission Unified School District No. 512, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

June 1, 2015.


Attorney(s) appearing for the Case

Tristan L. Duncan , Shook, Hardy & Bacon, Kansas City, MO, ( Zach Chaffee-McClure , William F. Northrip , Manuel Lopez and Scott E. Dupree , Shook, Hardy & Bacon, Kansas City, MO; Jonathan S. Massey , Massey & Gail, Washington, D.C.; Laurence H. Tribe , Cambridge, MA, with her on the briefs), for Plaintiffs-Appellants.

Arthur S. Chalmers , Hite, Fanning & Honeyman, Wichita, KS, ( Gaye B. Tibbets , Hite Fanning & Honeyman, Wichita, KS; Jeffrey A. Chanay , Office of the Attorney General for the State of Kansas, Topeka, KS; Mark A. Ferguson , Eldon J. Shields , Gates, Shields & Ferguson, Overland Park, KS, Cheryl L. Whelan , Kansas State Department of Education, Topeka, KS, with him on the brief), for Defendants-Appellees.

Alan L. Rupe , Lewis, Brisbois, Bisgaard & Smith, Wichita, KS; ( John S. Robb , Somers, Robb and Robb, Newton, KS, with him on the brief), for Defendant Intervenors-Appellees.

Charles W. German and Daniel B. Hodes , Rouse Hendricks German May, Kansas City, MO, with him on the brief, for Amici Curiae.

Before KELLY, LUCERO, and HARTZ, Circuit Judges.


More than six decades ago, the Supreme Court declared school segregation in Topeka, Kansas unconstitutional. Brown v. Bd. of Educ., 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954). Since then, Kansas state courts have adjudicated numerous challenges to the state's school financing system...

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