concurring. When this court released jurisdiction on June 18, 2004, and the mandate issued, the decision was predicated upon the General Assembly’s continuing the ambitious course it had set of an “adequate and substantially equal education” for all Arkansas students. We are now asked to decide whether there has been a retreat or abandonment of the goals of the 2003 legislative session, specifically with respect to Acts 57 and 108, and specifically in the areas of foundation and facilities funding. We do not have adequate information to determine whether the allegations various school districts have made are valid. And our duty to the children of Arkansas requires that we delay no longer the inquiry of whether we are continuing to move forward toward a “general, suitable, and efficient” system of free, public schools. With great reluctance, we make the decision to again recall the mandate for an unprecedented second time, and appoint special masters, because twenty-two years is time enough to achieve compliance with our Constitution. We cannot wait for other cases to wend their way through the system, while hoping that successive legislative sessions don’t “go wobbly” in their resolve to put the educational needs of the children first. This is truly a process that is “not for the short-winded.”
It is hoped that the special masters, in reviewing whether there is compliance with Lake View decisions and recent legislation, will soon be able to determine whether there is sufficient funding, whether those funds are being used efficiently, and whether funds earmarked for education are being diverted to other programs.
For these reasons, I concur with the majority.
Glaze and Corbin, JJ., join.