Page:Lake View School District No. 25 v. Huckabee, 351 Ark. 31 (2002).pdf/43

Rh public schools in certain school districts can sustain a finding of inadequacy but also, when compared to other schools in other districts, a finding of inequality. Bearing that in mind, we first address whether state revenues paid to the school districts under the school-funding formula is the test for deciding equality or whether the test is actual expenditures spent on the students. We conclude it is the latter and that the trial court was correct in so determining. The Arkansas Constitution has the following provisions guaranteeing equal treatment to its citizenry under the law: § 2. Freedom and independence. All men are created equally free and independent, and have certain inherent and inalienable rights, amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.

§ 3. Equality before the law. The equality of all persons before the law is recognized, and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege or immunity, nor exempted from any burden or duty, on account of race, color or previous condition.

§ 18. Privileges and immunities — Equality. The General Assembly shall not grant to any citizen or class of citizens privileges or immunities which upon the same terms shall not equally belong to all citizens. Ark. Const. art. 2, §§ 2, 3, 18.

[14] The answers to many of the State's arguments can be found in our decision of ''DuPree v. Alma Sch. Dist. No. 30, supra'', which, again, was handed down almost twenty years ago. In DuPree, we found that the school-funding system then in existence violated the three equality provisions set out above. We first referred to "the undisputed evidence that there are sharp disparities among school districts in the expenditures per pupil and the education opportunities available as reflected by staff, class size, curriculum, remedial services, facilities, materials and equipment." DuPree, 279 Ark. at 344, 651 S.W.2d at 92 (emphasis