participants at a local or state level in Kentucky's education system, and they have
performed in-depth studies of Kentucky's system. Without exception, they testified
that there is great disparity in the poor and the more affluent school districts with
regard to classroom teachers' pay; provision of basic educational materials; studentteacher ratio; curriculum; quality of basic management; size, adequacy and
condition of school physical plants; and per year expenditure per student. Kentucky's
children, simply because of their place of residence, are offered a virtual hodgepodge
of educational opportunities. The quality of education in the poorer local school
districts is substantially less in most, if not all, of the above categories.
Can anyone seriously argue that these disparities do not affect the basic educational
opportunities of those children in the poorer districts? To ask the question is to
answer it. Children in 80% of local school districts in this Commonwealth are not as
well-educated as those in the other 20%.
Moreover, most of the witnesses before the trial court testified that not only were the
state's educational opportunities unequal and lacking in uniformity, but that all were
inadequate. Testimony indicated that not only do the so-called poorer districts
provide inadequate education to fulfill the needs of the students but the more
affluent districts' efforts are inadequate as well, as judged by accepted national
standards.
As stated, when one reads the record, and when one considers the argument of
counsel for the appellants, one can find no proof, no statement that contradicts the
evidence about the existing inequalities and lack of uniformity in the overall
performance of Kentucky's system of common schools.
Summarizing appellants' argument, and without intending to give it short shrift, it is
contended that over the years the General Assembly has continually enacted such
programs as the MFP, the PEP, and other progressive programs during recent
sessions of the General Assembly. Moreover, uncontroverted evidence is adduced to
show that the overall amount of money appropriated for local schools has increased
by a substantial amount. The argument seems to be to the effect that "we have done
our best." However, it is significant that all the experts were keenly aware of the
legislative history, including substantive legislation and increased funding and yet, all
of them stated that inequalities still exist, and indeed have been exacerbated by
some of the legislation. Appellants conceded, the trial court found and we concur
that in spite of legislative efforts, the total local and state effort in education in
Kentucky's primary and secondary education is inadequate and is lacking in
uniformity. It is discriminatory as to the children served in 80% of our local school
districts.
FINANCIAL EFFORT
Uniform testimony of the expert witnesses at trial, corroborated by data, showed a
definite correlation between the money spent per child on education and the quality
of the education received. As we have previously stated in our discussion of the
history of Kentucky's school finances, our system does not require a minimum local
effort. The MFP, being based on average daily attendance, certainly infuses more
money into each local district, but is not designed to correct problems of inequality
and lack of uniformity between local school districts. The experts stated that the PEP,
although a good idea, was and is under-funded.
The disparity in per pupil expenditure by the local school boards runs in the
thousands of dollars per year. Moreover, between the extreme high allocation and
the extreme low allocation lies a wide range of annual per pupil expenditures. In
theory (and perhaps in actual practice) there could be 177 different per pupil
expenditures, thus leading to 177 different educational efforts. The financing effort of
local school districts is, figuratively speaking, a jigsaw puzzle.