Page:DuPree v. Alma School District No. 30, 279 Ark. 340 (1983).pdf/1

340 Jim DuPREE et al v. ALMA SCHOOL DISTRICT NO. 30 of Crawford County et al

82-175 Supreme Court of Arkansas

Opinion delivered May 31, 1983 
 * 1) CONSTITUTIONAL LAW—EDUCATION CLAUSE REINFORCES APPLICATION OF EQUAL PROTECTION CLAUSE TO PRESENT EDUCATION FINANCING SYSTEM.—The constitutional mandate for a general, suitable and efficient education in no way precludes the Supreme Court from applying the equal protection clause to the present education financing system; the education clause only reinforces the decision that the equal protection clause applies.
 * 2) CONSTITUTIONAL LAW—PRESENT EDUCATION FINANCING SYSTEM IS UNCONSTITUTIONAL.—There is no legitimate state purpose to support the present education financing system; it bears no rational relationship to the educational needs of the individual districts, rather it is determined primarily by the tax base of each district.
 * 3) CONSTITUTIONAL LAW—EQUAL PROTECTION CLAUSE VIOLATED.—Where some districts supply the barest necessities and others have programs generously endowed, the requirements of the constitution are not met; equal protection is not addressed to minimal sufficiency but rather to the unjustifiable inequalities.
 * 4) CONSTITUTIONAL LAW—PROPERTY REASSESSMENT WILL NOT CORRECT FATAL FLAW IN EDUCATION FINANCING SYSTEM.—When all counties are assessed at the proper level, the gap will still exist between the poor and wealthy districts and the mandate of the constitution will remain unfulfilled because regardless of the result of reassessment, the fatal flaw in the distribution method under the present system would still exist.
 * 5) CONSTITUTIONAL LAW—AUTHORIZATION TO LEVY TAXES DOES NOT AUTHORIZE A SYSTEM IN VIOLATION OF THE EQUAL PROTECTION CLAUSE.—The constitutional provision that specifically authorizes local districts to levy school taxes, in no way implies that that section authorizes a system in violation of the requirements of equal protection.
 * 6) CONSTITUTIONAL LAW—STATE'S ULTIMATE RESPONSIBILITY TO PROVIDE EDUCATION.—Ultimately, the responsibility for maintaining a general, suitable and efficient school system