(concurring in the dissent) — While I join in the dissent, I do so for slightly different reasons from those emphasized in Justice Stafford’s extensive and thoughtful dissenting opinion. I, too, would rely on the provisions of our State constitution, which go far beyond the federal constitution in establishing education as a primary responsibility of the State and right of its citizens.
*771Sections 1 and 2 of article 9 of our constitution require the State, through its legislature, to make provision for an ample system of education. These sections impose a duty on the State government to directly finance at least the basic operation and maintenance budget of the schools. The present system improperly forces the school districts to rely on local funding. It therefore allows local political and social considerations, such as those reflected in decisions on special levies, to interfere with the basic State guaranty of education. As such it violates the constitutional requirement that the State itself make ample provision for the school system. This is not to say that special levies cannot be used, but only that it is impermissible that they be relied upon to meet the minimum needs of the schools.
As I read the concurring opinion of Justice Rosellini, I perceive only one pivotal difference in the outcome of our approach to this case. This is the question of whether or not-the record here establishes the fact that the State is not adequately funding the basic operation and maintenance of the schools without dependence on special levies. If the record in a given case supported the trial court’s determination that this was not being done, it would seem to me Justice Rosellini would also find a violation of the constitutional requirement that the legislature make provision for an ample system of education. I believe the record before us is sufficient. It shows that, however adequate or inadequate, uniform or nonuniform the financing of the schools presently is, it is now in large part out of the hands of the State. Such a situation cannot be reconciled with the strong policy and absolute language of our constitution.
Petition for rehearing denied March 20, 1975.