proper and an adequate education, to be provided for by the General Assembly. This
opinion dutifully applies the constitutional test of Section 183 to the existing system
of common schools. We do no more, nor may we do any less.
The goal of the framers of our constitution, and the polestar of this opinion, is
eloquently and movingly stated in the landmark case of Brown v. Board of Education:
"education is perhaps the most important function of state and local governments.
Compulsory school attendance laws and the great expenditures for education both
demonstrate our recognition of the importance of education to our democratic
society. It is required in the performance of our most basic public responsibilities,
even service in the armed forces. It is the very foundation of good citizenship. Today
it is a principal instrument in awakening the child to cultural values, in preparing him
for later professional training, and in helping him to adjust normally to his
environment. In these days, it is doubtful that any child may reasonably be expected
to succeed in life if he is denied the opportunity of an education. Such an
opportunity, where the state has undertaken to provide it, is a right which must be
made available to all on equal terms." Id., 347 U.S. 483, 493, 74 S.Ct. 686, 691, 98
L.Ed. 873 (1954) (emphasis added).
These thoughts were as applicable in 1891 when Section 183 was adopted as they
are today and the goals they express reflect the goals set out by the framers of our
Kentucky Constitution.
I. PROCEDURAL HISTORY
This declaratory judgment action was filed in the Franklin Circuit Court by multiple
plaintiffs, including the Council for Better Education, Inc. a non-profit Kentucky
corporation whose membership consists of sixty-six local school districts in the state.
Also joining as plaintiffs were the Boards of Education of the Dayton and Harlan
Independent School Districts and the school districts of Elliott, Knox, McCreary,
Morgan and Wolfe Counties. Twenty-two public school students from McCreary,
Wolfe, Morgan and Elliott Counties and Harlan and Dayton Independent School
districts were also named, suing, respectively, by and through their parents as next
friends.
An averment was made in the original complaint that the student-plaintiffs were not
only suing as individuals but also representing a class of all similarly situated
students attending so-called "poor" school districts. The requisites of a class action
were pleaded. Civil Rule 23 [hereinafter CR].
The defendants named in the complaint were the Governor, the Superintendent of
Public Instruction, the State Treasurer, the President Pro Tempore of the Senate, the
Speaker of the House of Representatives and the State Board of Education and its
individual members.
The complaint included allegations that the system of school financing provided for
by the General Assembly is inadequate; places too much emphasis on local school
board resources; and results in inadequacies, inequities and inequalities throughout
the state so as to result in an inefficient system of common school education in
violation of Kentucky Constitution, Sections 1, 3 and 183 and the equal protection
clause and the due process of law clause of the 14th Amendment to the United
States Constitution. Additionally the complaint maintains the entire system is not
efficient under the mandate of Section 183.
The relief sought by the plaintiffs was a declaration of rights to the effect that the
system be declared unconstitutional; that the funding of schools also be determined
to be unconstitutional and inadequate; that the defendant, Superintendent of Public
Instruction be enjoined from further implementing said school statutes; that a
mandamus be issued, directing the Governor to recommend to the General Assembly