Mr. Becker was the only member of the delegation who spoke in favor of this
amendment. His support was hardly fervent. He simply said that in his opinion it
would not be inappropriate to require the system of common schools to be
"adequate" as well as "efficient." The word "adequate" did not make it into the
present constitution, however.
As was noted in the majority opinion, this court has always granted a great degree of
deference to the discretion of the General Assembly in the manner of operation of
the system of common schools. In City of Louisville v. Board of Education, 302 Ky.
647, 195 S.W.2d 291 (1946) we said: "Section 183 of the constitution is as broad as
it is possible to frame an authority to the legislature to deal with the common schools
in any way it should desire."
In Elliot v. Garner, 140 Ky. 157, 130 S.W. 997 (1910), we said: "The constitution
requires the General Assembly to provide an efficient system of common schools
throughout the state; and how it shall best accomplish this object is purely a matter
of legislative discretion."
Section 183 of the Constitution of Kentucky leaves to the legislative discretion the
best method of providing for an efficient system of common schools. Madison County
Board of Education v. Smith, 250 Ky. 495, 63 S.W.2d 620 (1933). Legislative
discretion cannot be extended to such limits as to allow the legislature, in its
discretion, to fail to meet its constitutional mandate, but I do not believe it is within
the province of this court to interfere with legislative discretion as to the level of
school funding unless it clearly appears from the record that the level of funding is so
low that it cannot reasonably accomplish basic educational necessities. Not all
academic failure is the result of under-funding.
I cannot agree with the majority that the constitution requires the General Assembly
to monitor the school system to insure that schools are operated with no waste,
mismanagement, or political influence. It is not possible for the General Assembly to
oversee the day-to-day operation of schools. In my view, the General Assembly has
discharged its duty when it has provided by law for a school system which, if
properly administered, will result in substantially equal educational opportunity
throughout the Commonwealth. The administration of the school system is not a
legislative responsibility, and if the system, because of waste, mismanagement, or
political influence, fails in its purpose, the failure is not to be charged to the General
Assembly.
Above the minimum level of funding that is constitutionally required for a system of
common schools to be efficient, there is room for unlimited enhancement of
educational opportunity. The range of this enhancement of educational opportunity
above the minimum requirements must be left to the General Assembly. The General
Assembly is the representative of the people and is the proper branch of government
to determine public policy. The question of how much enhancement there should be
of educational opportunity above the minimum requirements is a matter of public
policy.
Whether the General Assembly will provide a system of common schools of the
highest order or one which barely meets the minimum requirements is a burden
which must be placed squarely upon the shoulders of the General Assembly, where
the constitution places it. It does not rest with the courts, and indeed the doctrine of
separation of powers prohibits judicial interference with legislative prerogative. If we
do not exercise restraint in this matter, I fear that every theoretical defect in the
educational system will be escalated into litigation to determine the constitutional
efficiency of the system.
The system of common schools is created by many statutes, none of which have
been directly attacked. Since we have not been asked to declare any statute
unconstitutional, I fail to see how we can, in effect, declare them all unconstitutional.
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