XIII. DID THE TRIAL COURT ERR IN DIRECTING THE DEPARTMENT OF
EDUCATION TO PAY THE EXPENSES OF THE SELECT COMMITTEE?
We find no authority that would justify the appointment of the "special committee"
which was to advise the trial court. While the purpose of the committee was
undoubtedly an admirable one, and while the members of the committee did an
excellent job, their work product essentially is not a proper tool in the formulation of
a judicial decision. A judge must make his or her own decision, and must use only
the evidence in the record, and the available legal precedents. A judge may not
delegate part of his or her authority to non-judicial persons or institutions. We
therefore hold the appointment of the committee was improper, and, obviously the
assessment of the committee expenses against the Board of Education was improper
as well.
SUMMARY/CONCLUSION
We have decided this case solely on the basis of our Kentucky Constitution, Section
183. We find it unnecessary to inject any issues raised under the United States
Constitution or the United States Bill of Rights in this matter. We decline to issue any
injunctions, restraining orders, writs of prohibition or writs of mandamus.
We have decided one legal issue--and one legal issue only--viz., that the General
Assembly of the Commonwealth has failed to establish an efficient system of
common schools throughout the Commonwealth.
Lest there be any doubt, the result of our decision is that Kentucky's entire system of
common schools is unconstitutional. There is no allegation that only part of the
common school system is invalid, and we find no such circumstance. This decision
applies to the entire sweep of the system--all its parts and parcels. This decision
applies to the statutes creating, implementing and financing the system and to all
regulations, etc., pertaining thereto. This decision covers the creation of local school
districts, school boards, and the Kentucky Department of Education to the Minimum
Foundation Program and Power Equalization Program. It covers school construction
and maintenance, teacher certification--the whole gamut of the common school
system in Kentucky.
While individual statutes are not herein addressed specifically or considered and
declared to be facially unconstitutional, the statutory system as a whole and the
interrelationship of the parts therein are hereby declared to be in violation of Section
183 of the Kentucky Constitution. Just as the bricks and mortar used in the
construction of a schoolhouse, while contributing to the building's facade, do not
ensure the overall structural adequacy of the schoolhouse, particular statutes drafted
by the legislature in crafting and designing the current school system are not
unconstitutional in and of themselves. Like the crumbling schoolhouse which must be
redesigned and revitalized for more efficient use, with some component parts found
to be adequate, some found to be less than adequate, statutes relating to education
may be reenacted as components of a constitutional system if they combine with
other component statutes to form an efficient and thereby constitutional system.
Since we have, by this decision, declared the system of common schools in Kentucky
to be unconstitutional, Section 183 places an absolute duty on the General Assembly
to re-create, re-establish a new system of common schools in the Commonwealth.
As we have said, the premise of this opinion is that education is a basic, fundamental
constitutional right that is available to all children within this Commonwealth. The
General Assembly should begin with the same premise as it goes about its duty. The
system, as we have said, must be efficient, and the criteria we have set out are
binding on the General Assembly as it develops Kentucky's new system of common
schools.
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