Commonwealth. As Herbert Spencer observed, "Education has for its object the
formation of character." H. Spencer, Social Studies pt. 1, ch. 2, p. 17 (1851). No tax
proceeds have a more important position or purpose than those for education in the
grand scheme of our government. The importance of common schools and the
education they provide Kentucky's children cannot be overemphasized or overstated.
The sole responsibility for providing the system of common schools is that of our
General Assembly. It is a duty--it is a constitutional mandate placed by the people
on the 138 members of that body who represent those selfsame people.
The General Assembly must not only establish the system, but it must monitor it on
a continuing basis so that it will always be maintained in a constitutional manner.
The General Assembly must carefully supervise it, so that there is no waste, no
duplication, no mismanagement, at any level.
The system of common schools must be adequately funded to achieve its goals. The
system of common schools must be substantially uniform throughout the state. Each
child, every child, in this Commonwealth must be provided with an equal opportunity
to have an adequate education. Equality is the key word here. The children of the
poor and the children of the rich, the children who live in the poor districts and the
children who live in the rich districts must be given the same opportunity and access
to an adequate education. This obligation cannot be shifted to local counties and
local school districts.
As we have indicated, Section 183 requires the General Assembly to establish a
system of common schools that provides an equal opportunity for children to have an
adequate education. In no way does this constitutional requirement act as a
limitation on the General Assembly's power to create local school entities and to
grant to those entities the authority to supplement the state system. Therefore, if
the General Assembly decides to establish local school entities, it may also empower
them to enact local revenue initiatives to supplement the uniform, equal educational
effort that the General Assembly must provide. This includes not only revenue
measures similar to the special taxes previously discussed, but also the power to
assess local ad valorem taxes on real property and personal property at a rate over
and above that set by the General Assembly to fund the statewide system of
common schools. [FN21] Such local efforts may not be used by the General Assembly
as a substitute for providing an adequate, equal and substantially uniform
educational system throughout this state.
[FN21. See text on page 216.]
Having declared the system of common schools to be constitutionally deficient, we
have directed the General Assembly to recreate and redesign a new system that will
comply with the standards we have set out. Such system will guarantee to all
children the opportunity for an adequate education, through a state system. To allow
local citizens and taxpayers to make a supplementary effort in no way reduces or
negates the minimum quality of education required in the statewide system.
We do not instruct the General Assembly to enact any specific legislation. We do not
direct the members of the General Assembly to raise taxes. It is their decision how
best to achieve efficiency. We only decide the nature of the constitutional mandate.
We only determine the intent of the framers. Carrying-out that intent is the duty of
the General Assembly.
A child's right to an adequate education is a fundamental one under our Constitution.
The General Assembly must protect and advance that right. We concur with the trial
court that an efficient system of education must have as its goal to provide each and
every child with at least the seven following capacities: (i) sufficient oral and written
communication skills to enable students to function in a complex and rapidly
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