This final order entered on October 14, 1988, and, cumulated with the first two
documents, constitutes the subject matter of this appeal.
Addressing the committee report, but steadfastly maintaining that the report
adopted was only part of his decision, the court agreed that the goals set out by the
committee for the establishment of an "efficient" school system were "salutary"
ones. While not technically adopting the report as part of this final Findings of Fact,
Conclusions of Law and Judgment, it is clear that the trial court did, indeed, adopt
certain principles from the Committee's report.
In his additional Findings of Fact, the judge modified his previous definition of an
"efficient" system of schools. It is a "... tax supported, coordinated organization,
which provides a free, adequate education to all students throughout the state,
regardless of geographical location or local fiscal resources." He opined that an
efficient system (of schools) must have "substantial" uniformity.
Ever broadening the definition and setting non-instructional standards, the trial court
required an efficient school system to provide sufficient physical facilities, teachers,
support personnel, and instructional materials to enhance the educational process.
An adequate school system must also include careful and comprehensive supervision
at all levels to monitor personnel performance and minimize waste. If and where
waste and mismanagement exist, including but not limited to improper nepotism,
favoritism, and mis-allocation of school monies, they must be eliminated, through
state intervention if necessary. The General Assembly has all the power necessary to
guarantee that the resources provided by Kentucky taxpayers for schools are spent
wisely.
The trial court thus, with a very broad brush, included in its constitutional definition
of "efficient" goals to be met by an education and requirements as to school
financing, curriculum, personnel, accessibility to all children, physical facilities,
instructional materials and management of the schools.
Moreover, the trial court made it clear that the duty--the absolute, unequivocal duty-to provide this system is solely the responsibility of the General Assembly. The court
reiterated that its judicial power did not extend to specifying to the General
Assembly the methods by which to implement and maintain this efficient system of
education.
Addressing again the question of financing this massive task, the trial court stated
directly what had been implied previously, that "substantial additional monies" will
have to be raised to provide this constitutional school system. The court suggested
three possible ways of financing: 1) increasing existing taxes, 2) levying new taxes,
or 3) reallocating existing funds. Since a major reallocation of funds would "cripple"
other government functions, the trial court postulated that the imposition of new
taxes appeared to be the only viable alternative.
The trial judge agreed that the separation of powers doctrine would prohibit courts
from directing the General Assembly as to how the school system should be
financed. But, he reiterated that the General Assembly must provide an efficient
system.
Finally, although the trial court encouraged the protection of local school boards, he
re-emphasized the General Assembly's authority and responsibility for the
establishment and maintenance of the school system.
In the "judgment," the trial judge retained continuing jurisdiction over the subject
matter for the purpose of enforcing the judgment. To that effect, he ordered a
progress report be made to him on a day certain.
With this lengthy and dramatic series of documents, the Franklin Circuit Court
brought into sharp focus a problem that many dedicated citizens of the
Commonwealth have "wrestled" with for many years. It placed the sole responsibility
for the establishment and maintenance of an efficient system on the General