page_title: Bert Combs
section_title: Rose v. Council for Better Education
hierarchical_section_title: Bert Combs / Later life / Rose v. Council for Better Education
caption_attribution_description: "Martha Layne Collins, governor of Kentucky, speaks during the commissioning of the nuclear-powered attack submarine USS LOUISVILLE (SSN 724). Location: GROTON, CONNECTICUT (CT) UNITED STATES OF AMERICA (USA)"
context_page_description: Bertram Thomas Combs was an American jurist and politician from the Commonwealth of Kentucky. After serving on the Kentucky Court of Appeals, he was elected the 50th Governor of Kentucky in 1959 on his second run for the office. Following his gubernatorial term, he was appointed to serve as a United States Circuit Judge of the United States Court of Appeals for the Sixth Circuit by President Lyndon B. Johnson, serving from 1967 to 1970.
  Combs rose from poverty in his native Clay County to earn a law degree from the University of Kentucky and open a law practice in Prestonsburg. He was decorated for prosecuting Japanese war criminals before military tribunals following World War II, then returned to Kentucky and his law practice. In 1951, Governor Lawrence Wetherby appointed him to fill a vacancy on the Kentucky Court of Appeals. Later that year, he was elected to a full term on the court, defeating former governor and judge Simeon S. Willis. Kentucky's Democratic Party had split into two factions by 1955 when Earle C. Clements, the leader of one faction, chose Combs to challenge former governor and U.S. Senator A. B.
context_section_description: On October 3, 1984, leaders of the Council for Better Education asked Combs to represent them in a legal challenge to Kentucky's school financing system, which it claimed unfairly discriminated against poorer school systems in the state. Combs felt the lawsuit would be difficult to win and could cause retaliation against his other clients by state government officials. He needed this lawsuit "about like a hog needs a side saddle", he would later claim; nevertheless, he agreed to take the case if the Council could convince thirty to forty percent of the state's school boards to join it. The Council eventually persuaded 66 of the 177 school boards to join. Working pro bono, Combs assembled a legal team that included Kern Alexander, a Kentucky native and education law expert who was named president of Western Kentucky University in November 1985.
  Combs first attempted to gain legislative concessions that might preclude the need for a lawsuit. Governor Martha Layne Collins proposed an education reform agenda and called the legislature into special session in mid-1985 to consider it. The legislature enacted a corporate income tax to raise $300 million aimed at reducing class sizes, but the Council was seeking more fundamental structural changes to the system and deemed the increased funds insufficient to equalize its members' standing with that of more affluent school districts. Dissatisfied with the results of the special session, Combs and the Council filed their suit, Rose v. Council for Better Education, on November 20, 1985. The governor, state superintendent, state treasurer, leaders of both houses of the state legislature, and every member of the state board of education were named as defendants in the case.
  The defendants' request for summary judgment dismissing the case was not granted, and the trial began in Franklin circuit court on August 4, 1987. During the trial, a new state superintendent was elected. The new superintendent, John Brock, announced that his office would drop its defense and side with the Council, a major blow to the defense. On May 31, 1988, Judge Ray Corns found in favor of the plaintiffs, declaring that the school finance system was "unconstitutional and discriminatory". Two days later, the defense announced that it would appeal the ruling to the Kentucky Supreme Court, but recently elected governor Wallace G. Wilkinson refused to join the appeal and supported Judge Corns' ruling.
  Opening arguments in the appeal began December 7, 1988. The defense argued that the Council lacked standing to bring the suit; Combs rebutted this argument and cited statistics that ranked Kentucky as the most illiterate state in the nation to show how inequitable financing had adversely affected the state's students. On June 8, 1989, the court handed down a 3–2 ruling declaring Kentucky's entire public school system unconstitutional and giving the General Assembly until the end of their next legislative session, which would convene in January 1990, to create a replacement. Commenting on the ruling, Combs said "My clients asked for a thimble-full, and [instead] they got a bucket-full".
  The court set out nine minimum standards. In response to the court's ruling, the General Assembly passed the 1990 Kentucky Education Reform Act, which radically altered Kentucky's school system, providing mechanisms to equalize funding among school districts and implementing some of the toughest accountability standards in the United States. Of the legislature's actions, Combs opined "Kentucky has now, by reason of this legislation, decided to become educated—and we have embarked on a crusade for that purpose. Don't be surprised if we should within the next decade develop a first class, world-wide educational system."
caption: Gov. Martha Layne Collins' education reforms were not substantial enough to prevent the Council for Better Education from suing the state.
exif: {"Image XResolution": "96", "Image YResolution": "96", "Image ResolutionUnit": "Pixels/Inch", "Image Software": "Paint.NET v3.22"}