School detention

Two special masters appointed by the Arkansas Supreme Court issued an 86-page report on Monday concluding that the state legislature in its session earlier this year did not comply with the court's public school financing mandates.

The masters said the legislature not only didn't advance the cause of education, they often left schools worse off with less money. Instead of action on adequacy and facilities, the legislature dithered. Other state employees got pay raises, teachers didn't. Legislators got pet pork projects; schools got shorted. No effort was made to define and deliver an adequate education. No allowance was made for inflationary cost pressures. Unfunded mandates were imposed on schools that can't pay for them. No progress was made toward consolidation. Surplus money was left unspent when schools were in need. It's the masters' clear view that schools are still "stained" by unconstitionality.

The report will be considered by the Supreme Court, which now faces a very difficult decision. Does it hold the legislature in contempt (in the technical legal sense as well as the obvious figurative sense) and order specific remedies? Will it suggest the legislature meet again to consider the deficiencies cited? Could it take over the schools (or close them so they stop spending in an unconstitutional manner?) Or something else?