Clark v. Jefferson County Board of Education

A publication by the Alabama State Department of Education supported implementing community education programs in order to increase the role of public education and the use of public-education resources. The publication included day care as an example of people using community schools and resources. The Alabama State Board of Education similarly encouraged community education programs and the use of public facilities to increase contact between educators and the community. To support these goals, the Jefferson County Board of Education (board) (defendant) offered childcare services, in addition to its academic programs, in several locations throughout the county. The services were created under the board’s Community Education Department and at the request of community members in specific geographic areas. The services rendered by each childcare program varied, depending on the needs of the attending community members. Clara Clark (plaintiff) owned two day-care centers in Jefferson County that faced direct competition from some of the board’s childcare programs. Clark filed suit against the board in Alabama District Court, alleging that the board had no authority under Alabama law to operate childcare centers because no statute specifically provided for the public education of children under five years old or the operation of day-care facilities. The district court found in favor of the board, and Clark appealed up to the Alabama Supreme Court.