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Rose v. Council for Better Education, Inc., 790 S.W.2d 186 (1989)

Public education is a state government responsibility. State constitutions typically define that responsibility in broad terms, opening the door to litigation over the type and quality of education required. The case of Rose versus Council for Better Education provides an example.

In 1985, the Council for Better Education, consisting of 66 Kentucky school districts in poor communities, sued state legislators John Rose and Donald Blandford in their official capacities as leaders of the Kentucky legislature.

The Council sought a declaration that Kentucky’s public education system was unconstitutional. Specifically, the complaint alleged that Kentucky’s school finance laws had provided inadequate state funding for public education, relied excessively on local school board resources, and created unequal educational opportunities among school districts across the state. As a result, the Council argued that the public education system was inefficient, which violated Section 183 of the Kentucky constitution.

At trial, the Council called expert witnesses who presented data on the equity, quality, and performance of Kentucky’s public education system. The data showed that poor school districts with lower property tax revenue couldn’t afford to provide the same educational opportunities and resources as the few wealthier districts with higher property values. In addition, Kentucky ranked nationally in the bottom 20% of nearly every educational performance category. Thus, even the wealthier districts substantially underperformed at a national level.

Based on this evidence, the trial court declared Kentucky’s public education system inefficient and unconstitutional. Rose and Blandford appealed to the Kentucky Supreme Court.

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