Cite as 351 Ark. 31 (2002)
that the focus for deciding equality must be on the actual expenditures.[1] We affirm Judge Kilgore on this point.
Looking then to the end result of expenditures actually spent on school children in different school districts, we quickly discern inequality in educational opportunities. The deficiencies in Lake View and Holly Grove have already been noted. In both those districts, the curriculum offered is barebones. Contrast the curriculum in those school districts with the rich curriculum offered in the Fort Smith School District, where advanced courses are offered and where specialty courses such as German, fashion merchandising, and marketing are available. The inequality in educational opportunity is self-evident.
The same holds true for buildings and equipment. Whether a school district has rainproof buildings, sufficient bathrooms, computers for its students, and laboratory equipment that functions is all a matter of money. Certain schools in Fort Smith, for example, do not suffer from such deficiencies. Other schools in the Delta and in Northwest Arkansas where the student population is exploding are experiencing dire facility and equipment needs.
Again, we turn to Dr. Simon's assessment of the situation:
MR. LEWELLEN: Is it your — is it your opinion that a child who lives in a poor district because of the property wealth values are low should be in a facility which is sub-standard to the facilities that are located in property wealthy districts?
DR. SIMON: I don't think that's fair.
MR. LEWELLEN: Do you agree with me that that situation existed in 1994 in the State of Arkansas?
DR. SIMON: Yes.
MR. LEWELLEN: And do you agree with me that that situation exists today in 2000 in the State of Arkansas?
- ↑ We further note that federal regulations pertaining to the calculation of the disparity limitation under the Federal Range Ratio permit the Secretary of Education to calculate the percentage of disparity using either revenues or expenditures. See 34 C.F.R. § 222.63(a) (1994).
