before any court or been given an opportunity to be heard in regard to this
proceeding. Obviously the two members who have been properly served have
presented a comprehensive defense and it would not serve the ends of judicial
economy in this voluminous litigation to remand the case solely because of the
failure to join the members of the General Assembly individually. I believe this Court
can only express an advisory opinion regarding the matter of an efficient system of
common schools throughout the state as to the members of the legislature other
than Rose and Blandford.
In one sense, too much emphasis has been placed on the role of the legislature in
the entire educational framework of the Commonwealth. We must keep in mind that
the primary responsibility for the education of children is with the parents. The rights
and responsibilities of the parents must always be recognized. The fractured fabric of
the family is one of the prime causes for educational failure. Obviously money alone
cannot heal such a break. The lack of scholastic success is not just the fault of the
system. Education is a joint venture in which the parents, students and school must
be committed to cooperation rather than conflict. As the child advances in age, the
educational system must respond by meeting different needs tailored to the specific
circumstances of the child. Consequently, the involvement of the state public
common school system must be different as needed in each educational situation.
Our concern should be primarily focused on the common schools at the primary
level.
The circuit court ruling is far too broad and undisciplined as to its conclusions
regarding education as a fundamental right. What is a right is what has been
promulgated in the 1890 Constitution, that is an efficient system of common schools
throughout the state. The majority decision does not order the General Assembly to
do anything, however, great care must be taken that independent lawsuits should
not be frivolously spawned by such a decision. "Scarcely any political question arises
in the United States," Alexis de Tocqueville wrote long ago in Democracy in America,
"that is not resolved sooner or later, into a judicial question." Proper use of the
judicial system is inherent in our system of representative democracy under law,
however, great care must be taken to avoid an abuse of the system particularly so
that it would not lead to disillusionment and frustration.
Although the majority opinion declares the entire system of education
unconstitutional, it should be obvious to any student of government that an
overwhelming percentage of the laws now in place must be reenacted by the
legislature to provide any form or substance to the system in Kentucky.
The school system is based on many detailed statutes and regulations, none of which
have been specifically challenged and many of which have no constitutional impact.
Local effort cannot be destroyed; such a conclusion would not be efficient by any
definition and is well beyond the scope of the relief sought in this action.
It is beyond question that educational opportunity should be equal for all Kentucky
children. The General Assembly has the constitutional responsibility of providing a
minimum level of opportunity by establishing an efficient system of common schools
throughout the state. Under no circumstances does that mandate preclude local
school districts from supplementing the funds received from the state by specific
local effort. Although such local taxes may now be considered as state taxes,
Cullinan v. Jefferson County, Ky. 418 S.W.2d 407 (1967), they should be treated as
trust funds and scrupulously attributed to the local district involved. The General
Assembly might wish to make such treatment a statutory reality. The total
independence and authority of local school districts to supplement any state effort
should be carefully preserved.
The only concern we might have is to what specific areas the legislature will change.
Such a determination is totally within their authority. It may be that they will
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