necessitated by the controversies before it. It is solely the function of the judiciary to
so do. This duty must be exercised even when such action serves as a check on the
activities of another branch of government or when the court's view of the
constitution is contrary to that of other branches, or even that of the public.
OTHER AUTHORITY
In our sister and adjoining state of West Virginia, the state Constitution requires that
"The legislature shall provide, by general law, for a thorough and efficient system of
free schools." W.Va. Const, Art. XII, Sec. 1.
In the landmark case of Pauley v. Kelly, 162 W.Va. 672, 255 S.E.2d 859 (1979) the
West Virginia Supreme Court faced a lawsuit similar to the one before us. The trial
court found that one county's school system was inadequate, in comparison with four
other local systems. Although the West Virginia Supreme Court remanded the case
for further evidentiary hearings it courageously spoke out in defining the "thorough
and efficient" clause of Section 1 of its constitution.
The Court engaged in extensive historical analysis, in which it carefully interpreted
other states' constitutional mandates with regard to public education. [FN19] The court
rejected the contention that legislative discretion in public school system matters is
determinative.
[FN19. We recommend a study of this opinion for those who are
interested in the historical background of similar constitutional
provisions. We are persuaded that the history and reasoning
expressed in the Pauley case is applicable and persuasive in the
decision of the case before us.]
"So, on the threshold question: no court has been hesitant to affirm legislation;
many have required specific actions by local boards to bring them to compliance with
the constitutional mandate; and legislation has been declared unconstitutional
because it failed the mandate. There is ample authority that courts will enforce
constitutionally mandated education quality standards." Id. at 874 (emphasis
added).
In turning to the definition of "efficient" the Court, began with definition which was
"lexically" founded. "... (T)he mandate, ... becomes a command that the education
system be absolutely complete, attentive to every detail, extending beyond ordinary
parameters, and further, it must produce results without waste." Id. at 874.
Following an analysis of the admitted plethora of legal precedent, the West Virginia
Supreme Court adopted a definition of "thorough and efficient." " We may now define
a thorough and efficient system of schools: It develops, as best the state of
education expertise allows, the minds, bodies and social morality of its charges to
prepare them for useful and happy occupations, recreation and citizenship, and does
so economically." Id. at 877.
The court continued by recognizing areas in which each child educated in the system
should develop to full capacity: 1) literacy; 2) mathematical ability; 3) knowledge of
government sufficient to equip the individual to make informed choices as a citizen;
4) self-knowledge sufficient to intelligently choose life work; 5) vocational or
advanced academic training; 6) recreational pursuits; 7) creative interests; 8) social
ethics. Support services, such as good physical facilities and instructional resources,
and state and local monitoring for waste and incompetence were considered to be
implicit in the definition of "a thorough and efficient system." Id.
We cite Pauley, and quote from it at some length to show that Courts may, should
and have involved themselves in defining the standards of a constitutionally
mandated educational system. [FN20]
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