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School districts drop lawsuit over education spending

By THE ASSOCIATED PRESS

Wednesday, June 13, 2007 12:24 AM EDT

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LOUISVILLE -- A coalition of state school districts is dropping a lawsuit designed to force state lawmakers to spend more money on schools.

The Council for Better Education had filed a suit in 2003 against the state claiming funding of Kentucky's schools is "inadequate and arbitrarily determined by the legislature."

But Franklin Circuit Judge Thomas Wingate ruled in February that it was up to the legislature to decide how to dole out the money, not the courts. The coalition filed a motion asking Wingate to reconsider, but he denied it on May 30.

The council -- a group of school district superintendents -- considered filing an appeal, but backed away from that statement on Monday.

Council president Roger Marcum, however, added that the group "will continue to lead efforts for adequate resources" for state students and could seek further legal action down the road if conditions in schools do not improve.

"Too many students are not reaching proficiency," said Marcum, the superintendent of the Marion County school system. "(The) results are especially inadequate for students from low-income families, students from ethnic minorities, and students with disabilities."

The council filed a similar lawsuit in 1985, resulting in the state's school-funding system being declared unconstitutional. That ruling led to the sweeping Kentucky Education Reform Act of 1990.

But that case focused on funding inequities, while the latest lawsuit focused on whether districts were receiving adequate funding to teach every student the skills and knowledge necessary to meet Kentucky's education standards.

There are 164 school districts of a total 175 that belong to the Council for Better Education. The suit claimed Kentucky schools were underfunded from between $1.08 billion to $1.2 billion in the 2003-2004 school year, and underfunded in other years.

The council filed suit in 2003, asking the court to order lawmakers to direct hundreds of millions more dollars into public education. The state spends about $4.1 billion a year on education.

The legislature's two top leaders -- Senate President David Williams, R-Burkesville, and House Speaker Jody Richards, D-Bowling Green -- were named defendants in the suit.

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