ARKANSAS

Constitutional Clause/Language

“The State shall ever maintain a general, suitable and efficient system of free public schools and shall adopt all suitable means to secure to the people the advantages and opportunities of education.” Ark. Const. art. XIV, s. 1.

Major Court Decision: Dupree v. Alma Sch. Dist. No. 30, 561, 651 S.W.2d 90

Result: Financing System Overturned

Summary: In Dupree, the court did not hold that education was a fundamental right, but the court did find that the disparities from district to district did not serve a legitimate state interest that had anything to do with meeting the obligation to provide a “general, suitable and efficient” education.  Thus, the funding system violated the state’s equal protection clause.

Key Quotes:

“Even without deciding whether the right to a public education is fundamental, we can find no constitutional basis for the present system, as it has no rational bearing on the educational needs of the districts.

We come to this conclusion in part because we believe the right to equal educational opportunity is basic to our society.”  Id. at 346.

“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 reason 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.’” 

Id. at 349.