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![handle is hein.sag/sagar0004 and id is 1 raw text is: THE ATTORNEY GENERAL
STATE OF ARKANSAS
MIKE BEEBE
Opinion No. 2004-331
January 3, 2005
The Honorable Bobby L. Glover
State Senator
Post Office Box I
Carlisle, Arkansas 72024
Dear Senator Glover:
I am writing in response to your request for an opinion on the following question:
In light of the Arkansas Supreme Court's decision in Lake View
School District No. 25 v. Huckabee, 351 Ark. 31, 78, 91 S.W.3d
472 (2002), is the repair and replacement of inadequate and
unequal school facilities the sole responsibility of the State of
Arkansas or is it an obligation of the State of Arkansas and the
local school districts?
RESPONSE
I answered a substantially similar question in Op. Att'y Gen. 2004-131, issued on
June 29th of this year. The first question posed in that opinion was whether the
repair and replacement of inadequate and unequal school facilities [is] a financial
obligation of the local school district, or . . . an obligation of the State of
Arkansas. I concluded that the State may either compel local districts to ensure
substantially equal school facilities or may itself act to provide such facilities. As
I stated therein:
Equal educational opportunity must include as basic
components substantially equal curricula, substantially equal
facilities, and substantially equal equipment for obtaining an
adequate education. Id. at 79. As the Lake View court noted
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