Kentucky Court Denies Motion to Dismiss
School Funding Suits Consolidated

At the end of January 2004, the Franklin County Circuit Court in Kentucky denied the state defendant's motion to dismiss Council for Better Education v. Williams, a school funding "adequacy" suit against the state. The court cited the landmark 1989 Rose v. Council for Better Education decision in which the Kentucky Supreme Court declared that the state's "system of common schools must be adequately funded to achieve its goals." The court also cited a costing-out study (an "adequacy study") that found an annual funding gap of $892 million between the amount spent and the amount needed to adequately fund the system (in 2001-02 dollars).

Although the legislature had passed a law to make the legislative defendants unreachable in this type of lawsuit, the court held that "they are not immune from complying with the constitution."

The Circuit Court has also consolidated the Council's case with the Young v. Williams school funding lawsuit, in the "interests of judicial economy." Both cases were filed in 2003 and allege that the state's school funding system is so inadequate as to violate the state constitution. The consolidated action will be known as Tyler Young, et al. v. David L. Williams, et al. and Related Action, or Young v. Williams. A trial date has not yet been set.

The combined plaintiffs include students, their parents, and the Council, which represents most of the state's school districts. The defendants include Senate President David Williams, House Speaker Jody Richards, and the Governor.

Related news is available at School Funding Suit Filed in Kentucky, A Second School Funding Suit, and Prichard Committee Supports Kentucky's Adequacy Lawsuit.

Prepared by Molly A. Hunter, February 23, 2004