Rose v. Council for Better
Education, 790 S.W.2d 186, 60 Ed.
Law Rep. 1289 (1989)
Supreme Court of Kentucky.
John A. ROSE, President Pro Tempore of the Senate; Donald J. Blandford, Speaker of
the House of Representatives, Appellants, v. The COUNCIL FOR BETTER EDUCATION,
INC. et al., Appellees.
No. 88-SC-804-TG.
June 8, 1989. As Modified Sept. 28, 1989.
William E. Scent, Karen Scent, Scent & Scent, PSC, Paducah, for appellants.
Bert T. Combs, Debra H. Dawahare, Wyatt, Tarrant & Combs, Lexington, Theodore
H. Lavit, Lebanon, for appellees.
Philip M. Lanier, Louisville, for amicus curiae Prichard Committee for Academic ic
Excellence.
Phillip J. Shepherd, Frankfort, for amicus curiae Prichard Committee for Academic
Excellence and Kentuckians for the Commonwealth.
STEPHENS, Chief Justice.
The issue we decide on this appeal is whether the Kentucky General Assembly has
complied with its constitutional mandate to "provide an efficient system of common
schools throughout the state." [FN1]
[FN1. Ky. Const. Sec. 183.]
In deciding that it has not, we intend no criticism of the substantial efforts made by
the present General Assembly and by its predecessors, nor do we intend to
substitute our judicial authority for the authority and discretion of the General
Assembly. We are, rather, exercising our constitutional duty in declaring that, when
we consider the evidence in the record, and when we apply the constitutional
requirement of Section 183 to that evidence, it is crystal clear that the General
Assembly has fallen short of its duty to enact legislation to provide for an efficient
system of common schools throughout the state. In a word, the present system of
common schools in Kentucky is not an "efficient" one in our view of the clear
mandate of Section 183. The common school system in Kentucky is constitutionally
deficient.
In reaching this decision, we are ever mindful of the immeasurable worth of
education to our state and its citizens, especially to its young people. The framers of
our constitution intended that each and every child in this state should receive a