Lake View School District No. 25 v. Huckabee

257 S.W.3d 879, 370 Ark. 139, 2007 Ark. LEXIS 343
CourtSupreme Court of Arkansas
DecidedMay 31, 2007
Docket01-836
StatusPublished
Cited by11 cases

This text of 257 S.W.3d 879 (Lake View School District No. 25 v. Huckabee) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lake View School District No. 25 v. Huckabee, 257 S.W.3d 879, 370 Ark. 139, 2007 Ark. LEXIS 343 (Ark. 2007).

Opinion

Robert L. Brown, Justice.

On November 30, 2006, this court issued an opinion deferring issuance of the mandate in this case for 180 days and reappointing the Special Masters, Bradley D. Jesson and David Newbem, to file an additional report evaluating whether the constitutional deficiencies referred to in this court’s opinion of December 15, 2005, had been cured. See Lake View School Dist. No. 25 v. Huckabee, 364 Ark. 398, 220 S.W.3d 645 (2005). Specifically, we referred to the lack of final legislative action raised by the intervenors/appellees Rogers School District No. 30, BartonLexa School District, Little Rock School District, and Pulaski County Special School District (“School Districts”) in connection with the following issues:

• Academic Facilities
• English Language Learners
• Student Growth Funding
• Collection Rates for Local Taxes
• Teacher Raises and National School Lunch Aid

The Masters filed an Interim Report with this court on March 16, 2007, and filed their Final Report with this court on April 26, 2007. Under Arkansas Rule of Civil Procedure 53(e)(2), the parties had twenty days to file objections to the Masters’ findings of fact. No objections have been filed. Rule 53(e)(2) further provides that application for action on the report shall be by motion. No application for action has been filed. According to this court’s calculations, the 180 days for deferring issuance of the mandate expired on May 29, 2007. On this court’s own motion, we adopt the two Masters’ Reports and direct the clerk of this court to issue the mandate forthwith. To emphasize the unanimity of the court on this matter, each justice has affixed his or her signature at the end of this opinion.

The Lake View litigation has resulted in numerous opinions and orders from this court. Suffice it to say that the seminal decision was Lake View School Dist. No. 20 v. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002), where this court found that public school funding was inadequate and that substantially equal educational opportunity was not being afforded to Arkansas students. As a result, this court held that there was a violation of the Arkansas Constitution. Since that time, the Masters have been appointed by this court three times and have issued four Reports on the constitutionality of the State’s funding of public education. 1

This court expresses its heartfelt thanks and deep appreciation to the Masters for their work in this case. It is not hyperbole to say their review of the facts and documents when compiling their reports has been essential to elevating Arkansas’s educational system to one that meets constitutional status. We would be remiss if we failed to thank the members of the General Assembly and the Governor and his agencies in making great progress, especially in the recent enactments that assure that those legislative and executive bodies will continue their efforts with the vigilance necessary to maintain and improve Arkansas’s education system. While we have sought the Masters’ assistance on three different occasions to gather the information to address and decide the constitutional question before us, we are now able to direct the issuance of the mandate in this case due to the hard work of the Masters, the General Assembly, and the executive branch. This court, the people of Arkansas, and the generations to come are indebted to them for their commitment to education.

I. Masters’ Report

A. Masters’ Findings of Fact

a. Public School Facilities

In Lake View School Dist. No. 25 v. Huckabee, 364 Ark. 398, 220 S.W.3d 645 (2005), this court listed the legislative enactments by the General Assembly in 2005 affecting academic facilities and also the actions by the Joint Committee on Educational Facilities and the Task Force on Educational Facilities. We then concluded that “appropriations for the Immediate Repair Program and Priority One facilities construction and repair for safe, dry, and healthy facilities were grossly underfunded and, thus, inadequate.”

The Masters have now found that the General Assembly “addressed the need for state assistance with public school academic facilities in a substantial and commendable fashion.” The Masters listed the following actions:

• Referring to the October 1, 2006 Academic Facilities Master Plan, the Masters gave the following status report for actions taken in 2006.
— The General Assembly appropriated an additional $50,000,000 for facilities with a “carry-forward” provision in the Second Extraordinary Session of 2006.
— As of October 1, 2006, 178 of 301 projects had been completed in academic facilities to correct immediate hazardous conditions. The balance will be completed in 2007. The State participation in the 301 projects cost $35,000,000.
— As of the same date, 106 of 213 approved projects had been completed for new construction or additions to academic facilities for which debt was incurred or funds spent between January 1,2005, and June 30,2006. The completion date for all projects is estimated to be March 2008. The State’s participation in these projects is $87,000,000.
— The Academic Facilities Partnership Program is for future academic facilities construction. $300,000,000 in state assistance has been approved. The State’s share is estimated to be $48,000,000 in fiscal year 2007, $185,000,000 in fiscal year 2008, and $67,000,000 in fiscal year 2009.
• Act 1237 of 2007 appropriated $456,000,000 for public school academic facilities in addition to $150,000,000 available from unspent fund balances and $35,000,000 for each year of the next biennium. This, the Masters found, will “fully fund the State’s share of approved academic facilities requests for the next two years.”
• Each School District in the state as well as the Facilities Commission is now required to adopt a ten-year master plan for school facilities and to prioritize needs. Guidelines and a Public School Academic Facility Manual have been adopted.
• Regarding the Academic Facilities Wealth Index, Act IT! of 2007 now provides some state assistance to every school district based on actual need for facilities in the individual school districts as well as the school district’s ability to pay.
• Act 995 of 2007 provides state loans for facility construction in school districts with rapid enrollment growth.

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Bluebook (online)
257 S.W.3d 879, 370 Ark. 139, 2007 Ark. LEXIS 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-view-school-district-no-25-v-huckabee-ark-2007.