Council Documents
         
Date Item From To/Title Note
4/12/1984 Memo Arnold Guess Selected Superintendents Initial Invitation to form Council
Undated Statement Council Public  
Undated Memo Council Local Superintendents  
Apr - June 84 Phone Log Frank Hatfield Private Laurel True, Mike Maloney, Combs1
5/14/1984 Memo Steering Comm Selected Superintendents Recruitment, Report on first meeting
6/19/1984 Memo Steering Comm Kentucky Gen Assembly ...anticipated action is without malice
6/19/1984 Memo Steering Comm Local Superintendents Call to action
6/25/1984 Memo Nelson Allen Hatfield, Eversole & Moreland Invitation to discuss suit 2
7/9/1984 Agenda Int Joint Comm Public  
7/27/1984 Memo Steering Comm Local Superintendents Progress, position paper, identifying plaintiffs
8/ 8,1984 Letter Tony Collins Frank Hatfiled Contacts with Alice McDonald
8/23/1984 Memo Steering Comm Local Superintendents Announce meeting in Lville Sept 4 at 10AM Ramada Inn
8/28,1984 Memo Steering Comm Local Superintendents Combs will attend meeting, Al Smith Gov's Comm on Edu also
9/21/1984 Memo Stering Comm Local Superintendents Progress Report, Review of Sept 4 meeting
10/9/1984 Memo Steering Comm Local Superintendents Combs mtg 10/3/84 - W T & Combs Agrees to represent
11/13/1984 Memo Steering Comm Local Superintendents Mtg in Lville 4:30PM Dec 3, 84 with Combs & Alexander
12/12/1984 Letter Frank Hatfield David Armstrong Attny Gen Requests opinion on use of school funds for suit
1/17/1985 Memo Steering Comm Local Superintendents Announce Equity Seminar @ KSBA mtg 1/27/85
4/25/1985 Memo Steering Comm Council Membership 66 BOEs resolved to join.  Mtg May 8 85 in Frankfort. 3
5/8/1985 Minutes Bd of Directors Council Membership Hatfield, Pres & Chair; Towler, V Chair, Moreland, Sec/Tres
5/8/1985 Document Ted Lavit Council Membership Articles of Incorporation
5/9/1985 Letter John Brock Frank Hatfield  
5/14/1985 Letter Ted Lavit Frank Hatfield Distribution of Articles of incorporation, tax exempt application
5/21/1985 Memo Frank Hatfield Board of Directors Call meeting for May 30 in Lexington
5/28/1995 Draft Bert Combs Franklin Circuit Court Draft Complaint
5/31/1985 Letter G. C .Garland Jack Moreland Requesting legal opinion on legality of use of school funds
6/1/1985 Letter Ted Lavit Frank Hatfield Correction to Articles of Incorporation
6/5/1985 Letter W. T. Combs Arnold Guess Legal authority for use of school funds for suit
6/19/1985 Letter Jack Moreland Debra Dawahare Affidavits from three plaintiff parents
7/2/1985 Opinion David Armstrong Frank Hatfield OAG 85-100
Date Item From To Note
7/11/1985 Letter Bob Gover Frank Hatfield Warren Co. rescinds action requests withdrawal
7/17/1985 Letter Jack Moreland Council Membership OAG 85-100 supports use of school funds
7/25/1985 Letter Frank Hatfield Gov Martha Layne Collins Concerns with Power Equalization funding
7/30/1985 Letter Jack Moreland Board of Directors Call Mtg for August 12
8/9/1985 Draft Bert Combs Franklin Circuit Court Draft Complaint, Revised - 85-CI-1759
8/28/1985 Letter Ted Lavit Frank Hatfield "I hope that we have not lost our fervor…"
8/31/1985 Financial Jack Moreland Council Membership Reciepts from 49 schools = $54,365  Purchased $40,000 CD
9/3/1985 Letter Kern Alexander Frank Hatfield Analysis of impact of 1985 special session
9/5/1985 Letters Jack Moreland Lavit, Dawahare, Alexander Suit ready for filing, procede on assignment basis
9/16/1985 Memo Executive Comm Council Membership Time table: 1) file now  Or,  2) wait until after '86 session
9/16/1985 Letter Frank Hatfield Jack Moreland Suggests meeting after survey results are obtained
10/21/1985 Letter Jack Moreland Board of Directors Poll "less than overwhelming"  Mtg called for Nov 8
Sept - Oct 85 Poll Results Members Executive Committee For Option 1 = 10; For Option 2 = 12
10/30/1985 Report Jack Moreland Council Membership Financial Report: Income $89,977.34, Expense $84,665.50
11/8/1985 Minutes Jack Moreland Council Membership Decision to file suit
12/19/1985 Statement Council Public Rationale for suit
11/19/1985 Statement Council Public Why this action at this time?
11/26/1985 Letter Charles Parsons Jack Moreland Inability to pay dues at the time
12/11/1985 Letter Jack Moreland Charles Parsons Send money when possible
1/27/1986 Memo Executive Comm Local Superintendents Urging action to oppose SB 102
1/31/1986 Answer Gary Bale Franklin Circuit Court McDonald's Answer to Complaint
2/19/1986 Minutes Executive Comm Council Membership Progress Report, copy of SB 102 4
2/25/1986 Letter Roger Noe Frank Hatfiled Acknowleges Hatfield's opposition to SB 102
2/26/1986 Letter Ted Lavit Roger Noe Opposes SB 102
3/12/1986 Letter Steve Towler Frank Hatfiled Resignation as Vice Chair
3/12/1986 Note Steve Towler Frank Hatfield Note to keep him on the mailing list
4/18/1986 Request Wm Scent Franklin Circuit Court Defendant's First Request fo Admissions
4/18/1986 Letter Bert Combs Ray Corns Re: defects of parties & whether plaintiffs have standing
6/30/1986 Order Ray Corns Parties to suit Order denying Defense Motion for Summary Judgment
9/11/1986 Letter Debra Dawahare Jack Moreland Up date on Pre trial hearing 5
9/15/1986 Memo Jack Moreland Council Membership update on suit
12/2/1986 Letter Jack Moreland Bert Combs Potential witnesses
5/18/1987 Letter Frank Hatfield Jack Moreland Plan to meet during KASA
Date Item From To Note
5/19/1987 Letter Ted Lavit Frank Hatfield Update on depositions (Salmon 5/18) and evidence
5/26/1987 Letter Frank Hatfield Ted Lavit Evidence from Wolfe, Jenkins and Ft. Thomas
6/4/1987 Letter Debra Dawahare Frank Hatfield Notice of deposition, June 10
7/28/1987 Memo Robert Elder Gary Bale, KDE Legal Courses offered in twelve high schools across state
7/30/1987 Memo Jack Moreland Council Membership Progress Report, New Officers Moreland, Binion & Martin Carr
7/31/1987 Report Jack Moreland Council Membership Financial Report: Balance $24,590.71
8/6/1987 Memo Robert Elder Gary Bale, KDE Legal Courses offered in three high schools across state
8/11/1987 Opinion Courier Journal Candor From Alexander  
9/11/1986 Letter Debra Dawahare Jack Moreland Pre-trail June 2 Corns says Ky Bd of Edu indispensible parties 5
10/8/1987 Letter Kern Alexander Jack Moreland Reviews testimony 7
12/11/1987 Memo Wm DeBruler Personnel Board Preliminary Report on allegations against Alice McDonald
3/9/1988 Brief Phil Shepard Franklin Circuit Court Brief of Amici Curiae from the Prichard Committee
3/9/1988 Brief Debra Dawahare Franklin Circuit Court Plaintiff's Reply Brief
3/11/1988 Letter Debra Dawahare Jack Moreland Briefs completed, Oral Arguments set for April 5 1988
3/28/1988 Letter Debra Dawahare Hatfield, Guess, Moreland Order to Substitute, Oral Arguments delayed until April 18
5/31/1988 Finding Ray Corns Parties to suit Findings of Fact and Conclusions of Law and Judgment
6/2/1988 Letter Jack Moreland Council Membership We Won!  Corns to appoint a committee 8
6/16/1988 Letter Kern Alexander Friends of Ky Education Announces Committee Meetings 9
6/24/1988 Statement Rose & Blandford Public Joint Statement from Eck Rose and Don Blandford 10
6/28/1988 Letter Jack Moreland Council Membership Meeting called to discuss litigation strategy, July 6 in Lexington
7/19/1988 Poll Jack Moreland Council Non-Members Recruitment
8/6/1988 Minutes Jack Moreland Council Membership Reported the probability that all 66 districts would be audited 11
8/11/1988 Note Steve Towler * Council committee draft of points to be made to Corns
8/17/1988 Agenda Jack Moreland Council Membership Jack Foster, Position Paper
8/17/1988 Minutes Jack Moreland Council Membership Mtg With Wilkinson, Committee formed to write position paper
8/23/1988 Letter Steve Towler Jack Moreland Revised Draft
8/26/1988 Letter Jack Moreland Bert Combs Forward of Draft Position Paper for Corns
8/29/1988 Letter Jack Moreland Selected Superintendents Recruitment to Council at $ .50/child in ADA
* Memo Bob Babbage Superintendents, Brock LRC-Babbage to audit schools - seeks suggestions. 12
9/22/1988 Letter Jack Moreland Bob Babbage Cites position paper, guidelines for accountability measures
9/26/1988 Memo John Brock Local Superintendents Franklin County Curcuit Court Select Committee Report
10/14/1988 Document Sec of State Council for Better Edu Reinstatement of corporate charter
7/12/1989 Letter Roger Noe Frank Hatfield Copy of Noe's Position Paper for the Task Force on Education
Date Item From To Note
7/17/1989 Text Larry Forgy KASA Spech to KASA: Perspective on Rose v. Council
8/14/1989 Letter Tom Willis Jack Moreland Receipt of summary of funding provided to the Council
10/30/1989 Memo Jack Moreland Board of Directors Propose Council group to provide info to the Task Force
11/20/1989 Memo Jack Moreland Council Membership Synopsis on Nov 10 meeting. 13
12/13/1989 Memo Jack Moreland Local Superintendents Sends copy of Position Paper
12/27/1989 Memo John Augenblick Task Force on Edu Reform Preliminary recommendations on new financing structure
1/4/1990 Memo Jack Moreland Local Superintendents Recruitment, second assessment of $.25/child in ADA
1/4/1990 Letter Wm Armstrong Jack Moreland Critique of Council's position paper
1/4/1990 Resolution In House HJR 25 Resolution to restore Council dues to local school districts
1/22/1990 Letter Smitty Taylor Jack Moreland Thanks for position paper
1/26/1990 Letter John Harper John Herlihy Suggests Council encourage reps to support HJR 25
1/26/1990 Letter David McAnelly Jack Moreland Assures Task Force has not strayed from equity or adequacy
1/30/1990 Letter Jack Moreland Rep John Harper Thanks for HJR 25
2/7/1990 Letter Jack Foster Jack Moreland Denies Task Force has strayed from equity and adequacy
1/8/1993 Letter Jim Young Thomas Boysen Concern over KDE adjustments may violate court ruling
1/25/1993 Letter Randy Kimbrough Jim Young Defends KDE adjustments
3/8/1993 Letter Jack Moreland Council Membership Hold Harmless' in SEEK formula
3/23/1993 Letter Robert Wagoner Jack Moreland Thanks for meeting
7/2/1993 Letter Jack Moreland Debra Dawahare Suggests reestablishing relationship to address adequacy 14
7/8/1993 Letter Debra Dawahare Jack Moreland Willing to represent, reduced rate.  Suggests meeting.
Notes        
1  April 4th Call from Laurel True; May 25 met with Mike Maloney; May 30 met with Bert Combs;
June 1 met with Al Smith; June 11 met with KEA leadership
2  Meeting was held July 9, 1984 at 10 AM with the committee.  Governor and Superintendent also invited.
3 The sixty-six district count that the Council used repeatedly represents the number of districts that passed resolutions to join the Council. 
Reports were given by Combs, Dr. Tom Lewis, Kern Alexander and Ted Lavit.  A board of Directors was elected.  Bylaws were adopted. 
The written complaint was in development, "which we anticipate will be filed in state and federal court." 
4 Lavit and Dawahare report suit has been filed, assigned to Ray Corns.  Corns has not recused himself.
Defendants challenge those nemed in suit.  Combs urged keeping SB 102 in committee.  Towler reports concerns from Prather.
Richard Salmon replaces Alexander as primary consultant. 
Notes Continued
5 Corns rules plaintiffs have standing, state board of education in indespensible party, gave plaintiffs until June 12 to file amended complaint.
 Amended Complaint has been filed.  Legal staff reviewed cases from other states to clarify strategy and reviewed course offerings in Ky
schools.  Meeting scheduled for Sept 26 with Arnold Guess, Richard Salmon and Kern Alexander to discuss strategy for depositions
and evidence.
6 Article reviews testimony from several witnesses.  Alexander cites "enclaves of wealth" within the system.Guess advocates $.45 local
tax rate and bolstering Power Equalization.  Both argue that the legislature has not lived up to its duty to provide an efficient system.
John Brock testified state had fallen short of its obligation and blamed HB 44.  Said he wouldn't defend the suit if made state Superintendent.
Former W.Va Superintendent, Roy Truby, testified about improvements after their suit was won.
7 Alexander defined "efficient" as a term of art including at least four aspects: 1) 'unity,' meaning one comprehensive system
2) 'uniformity,' meaning evenness 3) 'adequacy' and 4) 'utility' meaning not wasteful. 
8 Moreland reports a balance of $18,318.37 without W. T. Combs bill paid.  May need another assessment.  As result of the action Dayton's
Power Equalization funds went from 140,000 in 1984 to $328,000 at a cost of $700 to Dayton.  Appeal will go directly to Supreme Court.
9 Members included Alexander, Chair, and John Brock, James Melton, Larry Forgy and Sylvisa Watson.  Public Hearings: Covington July 5,
 Frankfort July 6, London July 11, Madisonville July 12 and Louisville July 13.
10 Call Corns' Decision "cause of great concern."  "We have directed our attorney to proceed with whatever steps are necessary to secure
a reversal of theis decision, which we consider to present very critical and troubling constitutional problens relating to separation of powers."  
Statement also claims that the decision lacks specifics but implies an "unlimited rise in property taxation."  They hint that the court will 
eliminate local school districts saying, "no other conclusion can be drawn but that the court is contemplating one school system for all of
Kentucky."  They say they will not appear before the Committee.  Call for State Auditor to conduct a review of "mismanagement and waste."
11 Alexander commented that the Governor is supportive of the Council's effort.  Combs noted the need for another assessment. 
Warned members not to do anything that might give the opposition ammunition to use regarding "bad management."
New officers elected: Moreland, President; Binion, Vice President; Jack Herlihy, Secretary/Treasurer.  Jack Foster requested a meeting
with the group Aug 17.
12 Babbage's letter does not use the word "audit." Says, "The Legislative Research Commission has directed me to produce 
recommendations on how to better use education funds.  These ideas will be considered in the 1990 legislative session.  I have accepted the
assignment as provided under state law." 
13 34 Members met Nov 10 in Frankfort.  The following spoke on the Supreme Court ruling: Bert Combs, Larry Forgy, Kern Alexander,
Jim Melton, Frank Hatfield and Alex Eversole.  Group encouraged to hold together - maintain momentum.  Moreland reported cost of suit to
date $82.062.99.  Alexander employed to create an expanded position paper for Task Force.  Towler acknowleges Arnold Guess's illnes.
The group sends flowers.  Bert Combs suggested a formal chronology to document the events of the historic lawsuit.
Notes Continued
14 "SEEK enforced equity, and although not fully funded went a long way toward accomplishing that equity.  In 1992, further strides were 
made toward equity with the near full funding of the Tier I component of SEEK.  During the 1992 session a caveat was added to the funding 
process which guaranteed or held harmless approximately seventeen school districts.  These were schools at the top...and ensured that  
leveling down would not occur.  In the first year of the biennium this required some twenty million dollars to be transferred from poor districts 
to more affluent districts to support the guarantee.  In the second year of the biennium the guarantee called for some twelve milion dollars 
going from poor to rich.  At the same time the hold harmless deducations are occuring…Governor…[anticipates] 2% cuts across the board." 
Moreland fears that cuts would be applied to poor districts - but not affluent.  Asks Dawahare to consider re-establishing relationship.  "Since 
adequacy was so much a part of the Rose v. Council for Better Education ruling, should not someone be defining adequacy and working
toward same?"
Hosted by www.Geocities.ws

1