Page:DuPree v. Alma School District No. 30, 279 Ark. 340 (1983).pdf/10

Rh would also have to assume that this was the case with all property poor districts throughout the state and such speculation has no place in this issue. The same argument was addressed in Serrano, supra. That court responded that 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." Serrano at 955. We find that reasoning disposes of the issue.

We have discussed the two major problems faced in financing our state's educational system. The first is the obvious disparity in property wealth among districts. That wealth is what primarily dictates the amount of revenue each district receives and the quality of education in that district. The second problem is the manner in which the state determines how the state funds are distributed, and as we have said, the current system is not a rational one. The end result is a violation of the mandates of our constitution. Ultimately, the responsibility for maintaining a general, suitable and efficient school system falls upon the state. "Whether the state acts directly or imposes the role upon the local government, the end product must be what the constitution commands. [When a district falls short of the constitutional requirements], whatever the reasons for the violation, the obligation is the state's to rectify it. If local government fails, the state government must compel it to act, and if the local government cannot carry the burden, the state must itself meet its continuing obligation." Robinson, supra, at 295 and cited with approval in Pauley, supra at 873. Serrano in addressing the same problem notes also the limits of judicial interpretation on this issue. The comments are worth repeating: "The dispositive answer to the above arguments is simply that this court is not now engaged in — nor is it about to undertake — the 'search for tax equity' which defendants prefigure. As defendants themselves recognize, it is the Legislature which by virtue of institutional competency as well as constitutional function is assigned that difficult and perilous quest. Our task is much more narrowly defined: it is to determine whether"