FRANKFORT — The group that forced a court-mandated restructuring fof Kentucky's public school system reincorporated Wednesday and re-elected Jack Moreland as its president.

        Officials from 100 of the state's 176 school districts gathered at the Capitol to activate the coalition — the Council for Better Education — that successfully sued the General Assembly over equity of funding in 1985.

        “We're not in the business of being confrontational with anyone,” said Mr. Moreland, superintendent of Covington Independent Schools. “We're not threatening any lawsuit. But in order to be a player, you've got to have some skin in the game.”

        The group's last suit, brought by 16 small school districts and argued before the state Supreme Court by former Gov. Bert Combs, resulted in the court ruling that forced the controversial Kentucky Education Reform Act, or KERA.

        The coalition now hopes to make sure the requirements of KERA are not eroded by Kentucky's dire financial situation.

        Faced with a $300 million revenue shortfall, Gov. Paul Patton proposed to require local school boards to give employees 2.7 percent raises next fiscal year, using local funds instead of funds allocated by the General Assembly. The Kentucky School Boards Association estimates the cost would be at least $63 million.

        The officials also agreed to pony up some money — 25 cents per student in average daily attendance. Based on figures distributed at the meeting, that could generate $144,000 to fund at least an extensive lobbying campaign and perhaps another lawsuit.

        “What brought this to a head was that (2.7 percent raise) mandate,” said Fred Bassett, superintendent of Beechwood schools.

        Mr. Bassett said it was consistent with a trend that has superintendents alarmed — a gradual decline in the percentage of General Fund expenditures devoted to elementary and secondary education. “In effect, the state is shifting the burden of supporting schools to the local districts,” Mr. Bassett said.

        The 1985 lawsuit resulted in the Kentucky Supreme Court declaring the entire public school system unconstitutional four years later. The General Assembly enacted the Kentucky Education Reform Act in 1990.

        At issue in the 1980s was a school funding system that made it impossible for children in poor districts to have the same access to an adequate education as their peers in wealthier districts.

        Ohio is now facing the situation that Kentucky faced in 1985. The public schools must be made more equitable, the courts have said, and the General Assembly must find a way to pay for it. Ohio Gov. Bob Taft and the legislature have wrestled with how to fund the court-mandated Ohio schools overhaul since last year.

        In Kentucky 12 years after school reform, though, the issue is adequacy. Timothy Crawford, a Corbin attorney who summarized the 1989 court ruling for the superintendents, said the General Assembly has a constitutional duty to adequately fund public schools and cannot pass the buck. The “unfunded mandate” for a raise is an example, he said.

        “Quite simply, if the state requires it, the General Assembly has to pay for it,” Mr. Crawford said, drawing applause and calls of “Amen, amen” from his audience.

        Mr. Moreland advised the other superintendents to get Gov. Patton's proposed budget, then huddle with their legislators and raise questions about the administration's funding priorities.

        Mr. Moreland ticked off some of those funding proposals — a $204 million increase for the Workforce Development Cabinet; about $1 billion for capital construction, albeit from selling bonds; more hundreds of millions for the universities.

        “I'm not saying there's anything right or wrong about this,” Mr. Moreland said. “I'm saying we need to ask some questions. Why was this amount of money being put in at the same time we were being asked to pick up raises?”

        Caldwell County Superintendent Bob Rogers said the council needs to have at least 15 superintendents in Frankfort every Wednesday — meeting day for the House and Senate education committees. Dozens of superintendents helped to fill the meeting rooms on this day.

        “We need to be available so our legislators will know how these things affect school districts,” Rogers said.

        Superintendents Blake Haselton of Oldham County and Lonnie Anderson of Whitley County were elected to be vice presidents of the council. Kay Freeland of Rowan County was elected secretary-treasurer.

        Mr. Moreland said he is energized about once again getting involved in the issue.

        “When we first sued the state we were trying to accomplish that every kid received a decent education in terms of financial and human resources, that every child had an equal opportunity,” Mr. Moreland said.

        “No one has really determined if that has happened. So we're going to be taking a look at that.”

        Mr. Moreland was superintendent of the Dayton Independent Schools in Campbell County in the mid-1980s. He joined a number of small school districts in suing the state over the equality of funding and other aspects of public education.

        “If you felt strongly about it then, you have to feel the same way now,” Mr. Moreland said.

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