ACKNOWLEDGEMENTS
		The very notion of an exhaustive empirical study about some minuscule topic, which will be forgotten before the doctoral committee wakes up (from having to read it) gives me the willies.  I remain grateful to Dr. Ron Threadgill for giving me an interest in the history and politics surrounding Kentucky’s efforts to achieve school finance equity and adequacy.
		I am also indebted to Superintendent, Jack Moreland, formerly of the Dayton Public Schools; not just for the beer he bought me one summer at the Kentucky Association of School Administrators summer meeting, but also for his clear interpretation of the events surrounding what will surely be the hallmark of his fine career in public education.
		Dr. Charles Faber and Dr. Eddy Van Meter sought to assist me in my studies, but then somebody passed a law that changed education in Kentucky - and I got a little lost.  When I finally got back into the game, it was Dr. Susan Scollay who babysat my belated return, my re-qualification, and helped me gain approval from the University of Kentucky Graduate Council to complete my work - albeit, thirteen years behind schedule.   I thank Susan for her encouragement, guidance and resourcefulness.  I will very likely be a card-carrying feminist before she’s through with me.
		Others signed on to assist my efforts as well.  Dr. Jane Lindle possesses a keen eye for the political, which is so important in the public arena.  Dr. Jim Rinehart is dedicated to the noble pursuit of educating our young and he is always looking for a way to produce better school administrators.  I am indebted to Dr. Richard Angelo who gave me a better understanding of the complex history of public education in America and a taste for social reform.  And to Dr. Terry Birdwhistell who taught me the importance of hearing all of the voices that contribute to our understanding of our history, and ourselves.  These fine professionals challenged my thinking and opened my eyes to new areas of understanding.  I hope this effort is worthy of their approval.  Great teachers make learning fun.
		Along the way, other folks from the University of Kentucky and Lexington community have offered assistance that was greatly appreciated and indispensable to a complete understanding of the issues surrounding the law and education reform.  Particular thanks to: Professor Carolyn Bratt, of the UK Law School for her assistance and chats about the law and how attorneys see cases.  Dr. Skip Kifer, an outstanding inferential statistician and Master of MiniTab who has volunteered his time (for a couple of years now) to help me identify and close achievement gaps.  Dr. Steve Clements, for sharing his ideas on the Council for Better Education and the Kentucky Education Reform Act. 
I would also like to acknowledge a few individuals who agreed to read and critique my work.  The gift of their unique perspectives helped strengthen the work.  Dr. David Hamilton, as fine a scholar, parent, and Site-based Council Member any principal could hope for.  Carolyn Witt Jones, a former school administrator who now leads the Partnership for Kentucky Schools and is truly dedicated to a better Commonwealth.  Sandy Canon, Executive Director of the Lexington Chapter of the National Conference for Communities and Justice, whose life is all about social justice and equity – and who actually volunteered!  Arnold Gaither, one who is familiar with the struggle first-hand, tested my ideas through his own unique lens, providing balance for my views.  And Bob Sexton, an architect of dreams, a builder of coalitions, and perhaps the best friend Kentucky’s school children ever had. 
		I thank my parents, who aside from being wonderful parents provided me with everything I needed to grow up loved and cared for.  Each gave me something of themselves, which will be a part of who I am forever.  My father, who taught me to question and to think for myself, bred a healthy skepticism of institutions and an awareness of human foibles.  He also taught me that strong independent action has its costs.  My mother taught me to act on my beliefs without too much regard for contrary opinions - “go for respect” she would teach me.  She would also say, “It’s easier to stay on the good list than it is to get off the bad list.”
		Most importantly I thank my wife, Rita, the love of my life and my best friend, all rolled up in a great little package.  Her love and peace have created a safe place for me to express myself.  Her encouragement and affection sustains me and this effort would not have been made without her.  	
I’d also like to give a shout-out to my children Travis and Ashley.  I'm very proud of them.  At the time of this writing they are studying history and journalism, respectively, at Georgia State University.  And to her children, Elizabeth a student at the University of Kentucky and Catherine, who attends Henry Clay High School.  May they add their light to the sum of light.

	         TABLE OF CONTENTS
		
Acknowledgements	……………………………………………………	iii	
List of Figures	……………………………………………………	viii	
Note to the Reader	……………………………………………………	ix	
Prologue	……………………………………………………	1	
			
Chapter One: 	Each child, every child……………………………	13	
	The Common School Ideal……….………………	19	
			
Chapter Two: 	A Slow Start for Kentucky Children….………..…	27	
	The Minimum Foundation Program…………...…	72	
			
Chapter Three:	The Birth of the Council for Better Education……	85	
	Some Powerful Help………...……………………	102	
	Roles of Key Council Members…………………..	112	
	Through the Looking Glass, with Alice………….	132	
			
Chapter Four:
	The Council’s Case……………………………….
Efficiency, Adequacy and Equity……...…………	145
156	
	The Corns Decision……………………………….	170	
	Scent’s Case before the Supreme Court…………..	179	
	Combs and Dawahare’s Case before the Supreme Court	190	
			
Chapter Five: 	The View From the Bench……………………….	205	
	Reaction to the Supreme Court’s Decision………	219	
			
Chapter Six: 	Aftermath: The Council for Better Education after the Opinion ……………..………………………...	
229	
	Nurturing the Change …………………………….	241	
	Is it Time to Address Adequacy?…………………	250	
			
Chapter Seven: 	Analysis: From Equity to Adequacy……..………	260	
			
Epilogue:	The Proficient Education of Each and Every Child	276	
	The Achievement Gap……………………………	283	
	Rose and the Achievement Gap….……………….	306	
	A Modest Proposal……………………………….	320	

Appendices:  	

Methodology……………..………………………	

322	
	Chronology of the Council for Better Education…	343	
	Council for Better Education Membership, Chronological……………………………………..	
354	
	Council for Better Education Membership, by District	353	
	Council for Better Education Bank Statements…	357	
	Council for Better Education Expenses…………	359	
	Selected Brief biographical Sketches……………	361	

References:  	
Primary Sources………………………………….	
365	
	Council Documents………………………………	368	
	Selected list of School Finance Cases……………	374	
	Bibliography…..…………………………………	380	
			
Author’s Vita	……………………………………………………	394	

					

LIST OF FIGURES

Figure 4.1  	Stephens: “There are differences”……………………….….……195
Figure 4.2  	Stephens, “Wait a minute” ……………………………….…...….196
Figure 4.3	Stephens: “Accomplish the purposes for which it is created”…....197
Figure 4.4	Stephens: “Responsibility lies with the General Assembly”…..…198
Figure 4.5		Stephens: “But, I won’t say that, Judge”…………...………….…199

NOTE TO THE READER

		It is important to note at the outset that this manuscript deals with a case known by three different names at different points in time.  The initial action was filed during the gubernatorial administration of Martha Layne Collins as Council for Better Education, et. al. v. Collins.  When the late Wallace Wilkinson took over the Governor’s office, this title was altered under a motion to substitute and became Council for Better Education, et. al. v. Wilkinson.  The lower court ruling was commonly referred to as “the Corns decision,” for Franklin Circuit Court Judge Raymond Corns.  The case was appealed directly to the Kentucky Supreme Court in an action styled Rose v. Council for Better Education, et.al.  Since the Supreme Court ruling the case has also been called the Stephens Decision but is most commonly referred to as the Rose case.  In this manuscript, references to “the Corns decision” refer to the circuit court action.  References to “the Rose case” refer to the Supreme Court action.
		It is also important to clarify three concepts central to this manuscript: equity, adequacy and efficient.  All are legal terms of art, but they are also words in common usage.  I hope a brief discussion helps clarify how I use these terms.
		Since the very beginnings of our nation we have used words that communicated a meaning that was applied only to a part of our society.  For example, when Jefferson wrote, “that all men are created equal” the understanding at that time was that all really meant all white male landowners.  Early references to the education of all children really meant all white boys.  Later girls were added to that understanding – and even then, the term all children excluded African American children deep into the twentieth century.  
The arguments advanced in the Rose case dealt with inequities among Kentucky school districts after desegregation, but the focus was not on race.  It had to do with the support of property-poor districts as compared to more affluent districts.  It has only been since the Rose case that all children has come to mean truly all children.  Before that time, it was accepted that a significant percentage of Kentucky’s students would fail to attain high standards.  In this sense I discuss equity, and the lack thereof, as part of Kentucky’s historical failure to assure fairness, impartiality and social justice for all.  
Equity also refers to a relative balance of the financial resources made available to Kentucky’s school districts.  Even here, much of Kentucky’s historical debate over questions of equity applied to the resources available to city districts, as opposed to rural districts – this to the exclusion of African American students who were educated under a separate system, typically less adequate than the poorest rural district.  Efforts to improve Kentucky’s schools usually focused solely on schools for white children.
		Adequacy is sometimes defined as bare sufficiency or just enough, but not in this manuscript.  In school funding cases, adequacy becomes an issue of whether schools have the resources necessary to meet the goals set by the state.  When our expectations are low, bare sufficiency may well provide adequacy.  However, Kentucky’s assertion that every child can learn and most at high levels is no easy standard.  In this sense, an adequate education for Kentucky’s children is thought of as sufficient in quality and quantity to assure that all schools meet the needs of all students.  And this time, all means truly all.  
		The heart of the Rose case was the court’s definition of an efficient system of common schools.  In common usage efficient can be thought of as productive without waste but the court went to great lengths to describe it.  In just over eight pages the Supreme Court discussed and enumerated nine characteristics of an efficient system of schools.  An efficient system is one established and maintained by the General Assembly to be substantially uniform throughout the state, free to all Kentucky children, and one that provides equal educational opportunity regardless of place of residence or economic conditions.  An efficient system must also be sufficiently funded, free of waste, duplication, mismanagement, and political influence and it must have as its goal the development of seven specified capacities.  These capacities enumerated a substantial set of skills that each student must learn.
		Finally, the ideal of the common school in Kentucky is expressed in the following adaptation by the author from the Kentucky Constitutional Debates of 1890.  The original sources were two delegates to that convention, delegate Beckner and delegate Moore.
A system of practical equality in which the children of the rich and the poor meet upon a perfect level and the only superiority is that of the mind.  There is no check upon the aristocracy of wealth so effectual as the equality of knowledge.  A people well educated will never be the slaves of tyrants or the tools of demagogues…Common schools make patriots of those who are willing to stand upon a common level.  The children of humble mountain homes stand equally high with those from the mansions of the city.  There are no distinctions in the common schools but all stand upon one level.  The great democratic idea is there taught that you are all equal in that nursery of citizens, and that none are superior.