Kansas tells court broad support is reason to OK schools law

Legal Compliance

Lawyers for Kansas told the state Supreme Court on Monday that it should sign off on a new law boosting spending on public schools and end a protracted education funding lawsuit partly because the law has broad, bipartisan support.

Attorney General Derek Schmidt, a Republican, filed written legal arguments defending the new law. It contains Democratic Gov. Laura Kelly's proposal for an education funding increase of roughly $90 million a year and is aimed at satisfying a state Supreme Court ruling last year that education funding remained inadequate.

Four school districts sued the state in 2010, and their attorneys have said that the new law does not provide enough additional funding after the 2019-20 school year. Schmidt said the districts are seeking a "heckler's veto" after Kelly, many Republican lawmakers and the GOP-led State Board of Education agreed that the increase she sought would satisfy the court.

"This court should give great weight to the considered decisions of both the education officials and the people's representatives," Schmidt's written argument said. "That is particularly true here given the widespread, bipartisan consensus."

Attorneys for the four school districts asked in their own filing for the Supreme Court to order higher spending after the 2019-20 school year, give legislators another year to comply and keep the case open so that the state's actions can be monitored.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.