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Archive for January, 2011

 

 
For those that do not believe Agenda 21 and I.C.L.E.I. have an agenda to destroy Capitalism and that agenda is alive and well in Johnson County, this is a must read.  It’s time to start choosing what side our politicians are on with this.  We are beyond clicking our heels three times to go home, they are in our home.
 
From property rights to light bulbs to ignoring illegal immigration, there are those that wish for nothing less than the total destruction of America as we have known it.  There are seven in JoCo that can stand up and say “Not here, not on my watch!” 

 
If one wonders why we should continue funding the United Nations, one should wonder why we continue funding Johnson County.  This article makes it disturbingly difficult to tell the difference.
 
“Associate yourself with men of good quality if you esteem your own reputation. It is better be alone than in bad company.”  George Washington

Ken Dunwoody                                     GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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January 27, 2010

I.C.L.E.I. update presentation for 2010 SustainabilityCOWFINALforBOCC12-10-09 

I.C.L.E.I. update presentation video on 2010 http://lims.jocogov.org/sirepub/mtgviewer.aspx?meetid=889&doctype=AGENDA  My response begins at 50 min 10 sec where I provide the Commissioners with a 30 year history of recycling and the severe dangers of where I.C.L.E.I. and others want the US economy to change.  IMPORTANT TO VIEW.

EPA warning for Compact Fluorescent Lamps (CFL)

“Associate yourself with men of good quality if you esteem your own reputation. It is better be alone than in bad company.”  George Washington

Ken Dunwoody                                     
GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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Seriously, look it up.  In English or Spanish we have identified an enigma below.

Per K.S.A. 8-234a once “Kansas Residency” has been established with a fixed Kansas address, children enrolled in a Kansas school (not to mention a Kansas Driver’s license and Kansas motor vehicle registration) and fixed Kansas employment of a non-migratory nature, does the above still apply especially after three years?

I am only licensed to practice law in the state of confusion, so I will defer to the legal authority of farmer Steve Morris.  He can be contacted  785-296-2419  Steve.Morris@senate.ks.gov  Or ask him in person during Kansas Daze.

Which brings us to el enigma: In the absence of any pending and meaningful change in these absurd laws, could a reasonable person at least anticipate following the laws we have?

“Associate yourself with men of good quality if you esteem your own reputation. It is better be alone than in bad company.”  George Washington

Ken Dunwoody                                     
GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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We have previously shown how Garden City had statistically insignificant population growth from 2001 to 2009.  We also documented the increased costs of education and increased source of income to The City via collected ‘Sales Tax’ revenue.  We asked how this was possible and especially highlighted the need to find out what happened in 2005 which marked substantial increases in both.  Lastly we showed how changes in Kansas laws permitted or even encouraged bilingual education of up to 120 different languages for grades K-12.  While educating the children during the day, we allowed the parents to receive collegiate ‘in-state tuition’ at night.

We conclude our meteorological study with Part Three- Garden City, Center of the Perfect Storm.

K.S.A. 8-234a reads:  “nonresident” means every person who is not a resident of this state. For the purposes of the motor vehicle drivers’ license act any person who owns, rents or leases real estate in Kansas as such person’s residence and engages in a trade, business or profession within Kansas or registers to vote in Kansas or enrolls such person’s children in a school in this state or purchases Kansas registration for a motor vehicle, shall be deemed a resident of the state of Kansas 90 days after the conditions stated in this subsection commence, except that military personnel on active duty and their military dependents who are residents of another state, shall not be considered residents of the state of Kansas for the purpose of this act;

The following three graphs of Garden City with no population increases for the time measured. http://www.garden-city.org/cityofgardencitywebsite/government/governmentcontent/cityfinances/2009cafr.pdf

 

Previous Garden City posts show that all this activity resulted from folks that do not exist.  Worth noting the current construction activities are building 2 bedroom apartments that can rent for $500/month.  Intended apparantly for more folks that don’t exist.

For more information please contact:  District Senator Steve Morris  Office: 333-E
Phone: 785-296-2419  Email: Steve.Morris@senate.ks.gov

“Associate yourself with men of good quality if you esteem your own reputation. It is better be alone than in bad company.”  George Washington

Ken Dunwoody                                     
GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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In Part 1 https://nolathe.net/2011/01/18/part-one-2005-and-kansas-education-funding/ we found that in 2005 the gates were opened to illegal immigration through funding of bilingual education funded by the Kansas Department of Education.

Here we find that 2005 was also the first educational year that as a result of 2004 Kansas Legislation, illegal immigrants were provided in-state tuition at Kansas public colleges. http://www.cga.ct.gov/2005/rpt/2005-R-0586.htm

Didn’t I read somewhere while researching that Garden City has a Community College?  Another tax funded benefit for those that are not counted anywhere?  https://nolathe.net/2011/01/05/how-does-one-eat-an-elephant/

Part Three and the final on this series will show it also was the result of Kansas Legislation.  Imagine that, all my questions to the Kansas State Senate asking what happened in 2005, and quietly all they could do was point at each other.  Something else happens in 2012.

“Associate yourself with men of good quality if you esteem your own reputation. It is better be alone than in bad company.”  George Washington

Ken Dunwoody                                     
GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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http://www.schoolfunding.info/states/ks/lit_ks.php3

Historical Background

The four cases consolidated into Brown v. Board of Education, the landmark U.S. Supreme Court desegregation decision in 1954, included Kansas’ original Brown v. Board of Education of Topeka suit.

In 1972, a trial Court found the Kansas public education funding system unconstitutional, in Caldwell v. State, Case No. 50616 (Johnson County District Court, slip. op. Aug. 30). In 1973, the legislature responded by passing the School District Equalization Act (SDEA), which established a foundation level of school funding per pupil and committed the state to fund the difference between local revenues and this target amount.

In 1990, plaintiffs challenged the constitutionality of the SDEA. A trial court “Opinion in Advance of Trial” held that “the duty owed by the Legislature to each child to furnish him or her with an educational opportunity is equal to that owed every other child.” Mock v. State, 91CV1009 (Shawnee County District Court, Oct. 14, 1991). The governor created a special task force to devise a new school finance system, and, in 1992, the state adopted the School District Finance and Quality Performance Act (SDFQPA). The Kansas Supreme Court upheld the new system in Unified School District No. 229 v. State, 885 P.2d 1170 (1994).

Montoy v. State

In 2001, a state court dismissed Montoy v. State, No. 99-C-1738 (Shawnee County, Nov. 21, 2001), which challenged the SDFQPA and the state “capital outlay” and special education “excess costs” funding statutes under the state constitution. In January 2003, the Kansas Supreme Court reversed and remanded for trial, which was held the following summer. The trial court issued its decision in favor of plaintiffs in December 2003 and set a July 1, 2004 deadline for the State to enact a remedy.

In late 2004 and early 2005, the Kansas Supreme Court affirmed the trial court’s finding that the state education finance system was violating the Kansas Constitution and set an April deadline for remedial action by the legislature. The legislature acted by the deadline, but enacted legislation that provided substantially less funding than the amount deemed necessary by a 2002 costing out study the state had commissioned. The plaintiffs returned to the court, which found the remedy insufficient. In a rapid decision it issued in April, 2005, the Kansas Supreme Court ordered the legislature to provide $290 million, the amount the cost study had recommended for the first year of a multi-year phase-in by June 30. The Governor called a special session to respond to the Court order, and although the legislature failed to act by the requisite date, it did meet over the July 4th weekend and enacted a bill that appropriated the full amount the Court had ordered for the 2005-06 school year prior to the July 8 date the court had established to consider penalties for non-compliance. (The trial judge had recommended closing down the entire state public education system until such time as a constitutionally adequate finance system was in place.) The Court then ordered the Legislative Division of Post Audit (LPA) to incorporate the cost of outputs, as well as inputs, in a cost study to determine required funding levels for future years. In the event that the LPA failed to comply, the Court held that it would consider mandating additional funding for the 2006-07 school year based on the 2002 cost study. This would have resulted in an additional funding increase of $568 million.

Costing-Out

The Legislative Coordinating Council hired education finance experts to conduct a study of the cost of providing an adequate (“suitable” in the Kansas Constitution) education. The study, released in May 2002, was based on a detailed adequacy definition, including “inputs” and “outcomes,” and it used both the “professional judgment” and “successful schools” costing-out methodologies. The study concluded that Kansas needed to increase K-12 education spending by $853 million. An analysis of the study is at Kansas Fact Sheet 2002.

After increasing state education funding in 2005, the legislature directed its Legislative Division of Post Audit (LPA) to conduct a follow-up cost study. Released in January 2006, this study estimated the need for a school funding increase of at least $399 million beyond the increase enacted in 2005. Analysis of this study is at Kansas Fact Sheet 2006.

Recent EventsIn its 2006 session, the legislature responded to the supreme court’s concerns about adequate funding and equitable distribution of funds, increasing annual state funding by another $466 million, to be phased in over three years, and allocating almost one-third of the increase to mid-size and large districts and their disproportionately low-income, ELL, and special education students. The Kansas Supreme Court held that the new system complied with its earlier decisions in Montoy and closed the case in July 2006.

In January 2010, lawyers for the plaintiffs filed a motion with the Court to re-open Montoy v. State of Kansas. In their petition, the plaintiffs—Salina Unified School District 305, Dodge City Unified School District 443 and Schools for Fair Funding, Inc., a coalition of 74 school districts—alleged that the substantial funding reductions in state aid to Kansas’ school districts over the past year violate the court’s prior orders in the Montoy case and Article VI, § 6 of the Kansas constitution, which mandates “suitable provision for finance of the educational interests of the state.” Plaintiffs alleged that the legislature has continued a pattern of tax cuts and budget decreases—including five cuts last year that have effectively undermined any gains from the litigation—without considering “the actual costs of providing an adequate education.”

On February 12, the Kansas Supreme Court denied the motion to re-open. Chief Justice Robert E. Davis’ opinion for the court held that because re-opening an appeal that has been dismissed disturbs the finality of a judgment, the judiciary should exercise its power to re-open a case only “in extraordinary circumstances” and “as the last resort.” Justice Davis also alluded to other potential issues, including whether the original plaintiff, who may have graduated from school at this point, still had standing and whether all of the school districts that had participated in the original case would continue in future litigation. Additionally, Chief Justice Davis questioned the petitioners’ claim that re-opening the case would promote “judicial efficiency.” Their request for remand to the district court would require the plaintiffs to “go through essentially the same process as a new case: the filing of an amended petition…, discovery and trial.”

New Lawsuit in Response to Montoy v. Kansas

On November 2, 2010 a coalition of 63 Kansas school districts filed a new school funding lawsuit against the state claiming that the legislature’s has failed to comply with the 2006 settlement of Montoy v. Kansas. In addition to arguing that the budget cuts have denied school districts the funds promised by the Montoy decision, the plaintiffs also argue that in recent years, the cost of educating kids has increased, there have been significant increases in overall enrollment and in the numbers of students eligible for free and reduced meals. (NOlathe notes: although free meals has dramatically increased, there has been virtually no increase in K-12 enrollment)

Parents in Shawnee Mission Unified School District No. 512 file suit against school board, state

A lawsuit with a very original constitutional claim was filed in December 2010. Ten parents in Shawnee Mission Unified School District No. 512 argue that a state-imposed cap on the amount of money residents can tax themselves to support their school funding is unconstitutional because it denies them fundamental liberty and property interests and their right as parents to direct and participate in the upbringing and education of their children. The legislature sets the cap as a percentage of state-provided funds, and prohibits any school district from raising additional revenue above the cap. The complaint also states that the cap denies them equal protection of the law because it “disproportionately affects the Shawnee Mission School District because it receives one of the lowest levels of per-pupil funding in the State. Of 296 Kansas school districts, Shawnee Mission ranks 265th.” In 2008-2009, Shawnee Mission School District received $4,701 per student in state aid, compared to the state average of $7,344 per pupil. The Kansas Board of Education promptly moved to be dropped as a defendant, since they have no control over legislative decisions.

Useful Resources

Charles Berger, Equity Without Adjudication: Kansas School Finance Reform and the 1992 School District Finance and Quality Performance Act, 27 Journal of Law & Education 1 (January 1998).

Richard E. Levy, Gunfight At the K-12 Corral: Legislative vs. Judicial Power in the Kansas School finance Litigation, 54 Kan. L. Rev. 1021 ( 2006).

Last updated January 2011  http://www.schoolfunding.info/states/ks/lit_ks.php3

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Previous NOlathe posts have shown the costs of illegal immigration in regards to education funding for the State of Kansas.  This post will begin looking at the local municiple benefits of illegal immigration which is openly accepted and maybe even encouraged.  We started by identifying the population of Garden City for the years 2001 through 2009.  To account for regional commerce we also identified the population for Finney County for the same years.  Our source is the US Census Bureau http://factfinder.census.gov/servlet/GCTTable?_bm=y&-context=gct&-ds_name=PEP_2009_EST&-_box_head_nbr=GCT-T1&-CONTEXT=gct&-mt_name=PEP_2008_EST_GCTT1_US43&-tree_id=806&-redoLog=false&-geo_id=04000US20&-_sse=on&-format=ST-9&-_lang=en and should be ‘book marked’ for those doing research requiring Kansas population information.  Combining this new information with previously posted information on the Garden City School District we have this data table.

Again we find ourselves trying to compare some data measured in the millions with some data measured in the thousands.  But we can see that the population numbers did not realize any significant changes over the time period measured.  To plot all this data on a single graph we applied some division that allows each catagory to remain proportionate to itself while allowing a graphic comparison to other catagories.  We have this new data table.

For those that immediately state that I have altered the data, yes I have.  However the data within any catagory remains proportionate to the original data and this was necessary to graphically show proportionate changes to all other catagories.  Now graphed we have this

As the raw data clearly showed, there was very little movement in both the Garden City and Finney County populations. Also the graph shows a small yet constant decline in the Kansas Department of Education reported population in Full Time Equivelent and Total Head Count K-12 student enrollment.

The three sets of data measured in dollars all showed a significant increase beginning in 2005 that need answers:

  1. How does a declining K-12 student enrollment require substantially more tax dollars to fund?
  2. How does a stable population base substantially increase “Sales Tax” revenues?
  3. Why do the “Sales Tax” revenue increases so closely mirror increases in School District funding when they are determined seperately?
  4. Why the dramatic increase in “Bilingual Education” that coincides with 2005?

A reasonable person might search and readily find an explanation like this:  http://www.kansas.com/2010/06/27/1379516/garden-city-americas-future.html 

The Kansas State Senator Steve Morris (Republican and President of the Kansas Senate) for Garden City may be contacted:   Phone: 785-296-2419     Email: Steve.Morris@senate.ks.gov  Ask him.

“Associate yourself with men of good quality if you esteem your own reputation. It is better be alone than in bad company.”  George Washington

Ken Dunwoody                                     
GOD
Henpecked Acres 
                                  One Nation
14850 W. 159th St.
Olathe, Ks. 66062
(913)768-1603
kdunwoody2@aol.com    www.NOlathe.com     http://NOlathe.net
View Sarah’s Story http://www.youtube.com/watch?v=GUWuUvOZ7RY

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