[FN20. We invite the interested reader to consider cases in other
jurisdictions, which have been instructive and helpful to us. See also
Dupree v. Alma School District No. 30 of Crawford County, et al., 279
Ark. 340, 651 S.W.2d 90 (1983); Horton v. Meskill, 172 Conn. 615,
376 A.2d 359 (1977); Robinson v. Cahill, 69 N.J. 449, 355 A.2d 129
(1976); Washakie County School District v. Herschler, 606 P.2d 310
(Wyo.1980).]
We consider foreign cases, along with our constitutional debates, Kentucky
precedents and the opinion of experts in formulating the definition of "efficient" as it
appears in our Constitution.
OPINIONS OF EXPERTS
Numerous well-qualified experts testified in this case. They were all well educated,
experienced teachers, educators, or administrators; and all were familiar with the
Kentucky system of common schools and with other states' and national school
issues.
Dr. Richard Salmon testified that the concept of efficiency was a three part concept.
First, the system should impose no financial hardship or advantage on any group of
citizens. Further, local school districts must make comparable tax efforts. Second,
resources provided by the system must be adequate and uniform throughout the
state. Third, the system must not waste resources.
Dr. Kern Alexander opined that an efficient system is one which is unitary. It is one
in which there is uniformity throughout the state. It is one in which equality is a
hallmark and one in which students must be given equal educational opportunities,
regardless of economic status, or place of residence. He also testified that "efficient"
involves pay and training of teachers, school buildings, other teaching staff,
materials, and adequacy of all educational resources. Moreover, he, like Dr. Salmon,
believed that "efficient" also applies to the quality of management of schools.
Summarizing Dr. Alexander's opinion, an efficient system is unitary, uniform,
adequate and properly managed.
The definitions of "efficient" were documented and supported by numerous national
and local studies, prepared and authorized by many of the giants of the education
profession.
The primary expert for the appellees was a local school superintendent who felt that
an efficient system is one which is operated as best as can be with the money that
was provided. We reject such a definition which could result in a system of common
schools, efficient only in the uniformly deplorable conditions it provides throughout
the state.
In summary the experts in this case believed that an "efficient" system of common
schools should have several elements: 1) The system is the sole responsibility of the
General Assembly. 2) The tax effort should be evenly spread. 3) The system must
provide the necessary resources throughout the state--they must be uniform. 4) The
system must provide an adequate education. 5) The system must be properly
managed.
DEFINITION OF "EFFICIENT" We now hone in on the heart of this litigation. In
defining "efficient," we use all the tools that are made available to us. In spite of any
protestations to the contrary, we do not engage in judicial legislating. We do not
make policy. We do not substitute our judgment for that of the General Assembly.
We simply take the plain directive of the Constitution, and, armed with its purpose,
we decide what our General Assembly must achieve in complying with its solemn
constitutional duty.
Any system of common schools must be created and maintained with the premise
that education is absolutely vital to the present and to the future of our
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