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School Finance Litigation
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Book Synopsis Equity and Adequacy in Education Finance by : National Research Council
Download or read book Equity and Adequacy in Education Finance written by National Research Council and published by National Academies Press. This book was released on 1999-02-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spending on K-12 education across the United States and across local school districts has long been characterized by great disparitiesâ€"disparities that reflect differences in property wealth and tax rates. For more than a quarter-century, reformers have attempted to reduce these differences through court challenges and legislative action. As part of a broad study of education finance, the committee commissioned eight papers examining the history and consequences of school finance reform undertaken in the name of equity and adequacy. This thought-provoking, timely collection of papers explores such topics as: What do the terms "equity" and "adequacy" in school finance really mean? How are these terms relevant to the politics and litigation of school finance reform? What is the impact of court-ordered school finance reform on spending disparities? How do school districts use money from finance reform? What policy options are available to states facing new challenges from court decisions mandating adequacy in school finance? When measuring adequacy, how do you consider differences in student needs and regional costs?
Book Synopsis Assessing Success in School Finance Litigation by : Margaret E. Goertz
Download or read book Assessing Success in School Finance Litigation written by Margaret E. Goertz and published by . This book was released on 2009 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: Education finance policy in New Jersey has been shaped by over 30 years of school finance litigation. Through its decisions in "Robinson v. Cahill" (1973-1976) and "Abbott v. Burke" (1985-2005), the justices of New Jersey's supreme court have defined the state's constitutional guarantee of a "thorough and efficient" education, set parameters for how the state's urban schools should be funded, and provided guidance on how education dollars should be spent in these communities (the so-called Abbott districts). In January 2008, the legislature enacted a new funding formula, the School Finance Reform Act of 2008, which jettisons the court's remedies. The court upheld the constitutionality of this law in its 20th "Abbott" ruling issued in May 2009. The purpose of this paper is to examine the impact of court-mandated school finance reform in New Jersey and describe the School Finance Reform Act (SFRA) of 2008 and its potential impact. The first section of this paper provides the demographic and economic context for education policy in New Jersey. The second and third sections describe how the court has defined educational "success" or "adequacy" over the last 30 years and how New Jersey measures an adequate education. The fourth section looks at the impact of school finance reform on education spending, taxation, and student achievement. The fifth section describes SFRA and its impact and the most recent round of litigation. Appended are: (1) Regular Education Budget per Pupil, Districts Grouped by Property Wealth per Pupil, 1975-76 through 2007-08, CPI Adjusted; (2) Regular Education Budget per Pupil, Districts Grouped by Property Wealth per Pupil, 1984-85 through 2007-08, Abbott Districts Separated, CPI Adjusted; and (3) School Tax Rates, Districts Grouped by Property Wealth per Pupil, 1984-85 through 2007-08, Abbott Districts Separated, CPI Adjusted. (Contains 6 figures, 7 tables and 17 footnotes.).
Book Synopsis School Money Trials by : Martin R. West
Download or read book School Money Trials written by Martin R. West and published by Rowman & Littlefield. This book was released on 2007-08-29 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Adequacy lawsuits" have emerged as an alternative strategy in pursuit of improved public education in America. Plaintiffs allege insufficient resources to provide students with the quality of education promised in their state's constitution, hoping the courts will step in and order the state to increase its level of aid. Since 1980, 45 of the 50 states have faced such suits. How pervasive—and effective—is this trend? What are its ramifications, at the school district level and on a broader scope? This important new book addresses these questions. The contributors consider the legal theory behind adequacy lawsuits, examining how the education clauses in state constitutions have been reinterpreted. According to James Guthrie and Matthew Springer, this trend has more fully politicized the process of cost modeling in school finance. Frederick Hess looks at the politics of adequacy implementation. Research by Christopher Berry of Harvard finds that the most significant result of the movement has not resulted in broad-ranging changes in school funding. How the No Child Left Behind Act and adequacy lawsuits impact one another is an especially interesting question, as addressed by Andrew Rudalevige and Michael Heise. This is the most comprehensive analysis to date of the adequacy lawsuit strategy, a topic of increasing importance in a controversial area of public policy that touches virtually all Americans. It will be of interest to readers engaged in education policy discussions and those concerned about the power of the courts to make policy rather than simply to enforce it.
Book Synopsis An Analysis of the History of School Finance Litigation in Texas and the Effectiveness of this Litigation in the Attainment of an Equitable and Adequate Education by : Aida Nydia Barrera
Download or read book An Analysis of the History of School Finance Litigation in Texas and the Effectiveness of this Litigation in the Attainment of an Equitable and Adequate Education written by Aida Nydia Barrera and published by . This book was released on 2012 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the legal decisions that emerged across the nearly 45-year spectrum of Texas public school finance court cases, culminating in the judicial opinions and legislative actions that rather than bringing fundamental reform to the system has seen the enactment of temporary stopgap measures in 2006 that threw the system into further incertitude and undermined its basic tenets of constitutionality, eliciting the eighth round of lawsuits filed in 2011 and 2012 against the State, which charge that the school finance system is inequitable, inadequate, and inefficient. This is not to say that the decades-long litigation has not produced some beneficial results. In the intervening years since the initial filing in 1968 of the Rodriguez case, Texas has seen the development of a more equitable and adequate school finance system. Following Rodriguez, the Texas Supreme Court opinions in Edgewood I (1989) and Edgewood II (1991) were instrumental in spurring the legislative reforms that increased the overall funding of the system as well as provided the larger allocations that went to low-wealth school districts. Although the litigation strengthened the gains in equity in this initial period, the subsequent Texas Supreme Court opinions produced judicial ambiguities and redefinitions that left the Texas school finance system in a continual state of constitutional uncertainty with respect to its fundamental mandate to provide an equitable and adequate education. The decisions in Edgewood IIa (1991), Edgewood III (1992), Edgewood IV (1995), West Orange-Cove I (2003), and West Orange-Cove II (2005) have nonetheless been instructive in demonstrating how the Texas school finance court cases have altered the dynamic of equality and adequacy and the basic assumptions and ideals that have defined the fundamental right to an education, with the implications that these altered policy approaches have on the distribution of educational resources for all children. Importantly, the state's trajectory in school finance litigation offers an illustrative example of the tenuous but often contentious partisan interrelationship between the different levels of the judiciary and the legislative and executive branches of government that too often has deprived Texas public school students of an equitable and adequate education.
Book Synopsis Equity and Adequacy in Education Finance by : National Research Council
Download or read book Equity and Adequacy in Education Finance written by National Research Council and published by National Academies Press. This book was released on 1999-03-12 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spending on K-12 education across the United States and across local school districts has long been characterized by great disparitiesâ€"disparities that reflect differences in property wealth and tax rates. For more than a quarter-century, reformers have attempted to reduce these differences through court challenges and legislative action. As part of a broad study of education finance, the committee commissioned eight papers examining the history and consequences of school finance reform undertaken in the name of equity and adequacy. This thought-provoking, timely collection of papers explores such topics as: What do the terms "equity" and "adequacy" in school finance really mean? How are these terms relevant to the politics and litigation of school finance reform? What is the impact of court-ordered school finance reform on spending disparities? How do school districts use money from finance reform? What policy options are available to states facing new challenges from court decisions mandating adequacy in school finance? When measuring adequacy, how do you consider differences in student needs and regional costs?
Book Synopsis School Finance Litigation by : Mary Fulton
Download or read book School Finance Litigation written by Mary Fulton and published by . This book was released on 1993 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Framing Equal Opportunity by : Michael Paris
Download or read book Framing Equal Opportunity written by Michael Paris and published by Stanford University Press. This book was released on 2010 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reveals the important role lawyers, law, and courts play in struggles over educational resources, especially when it comes to the translation of policy goals into legal claims.
Download or read book School Finance Litigation written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past several decades, a series of lawsuits have challenged funding disparities that exist among school districts within the states. Spurred by concerns that such disparities discriminated against students in poor school districts or resulted in an inadequate education, school finance plaintiffs began filing lawsuits in federal and state courts based on theories involving educational equity or adequacy. This report provides an analysis of litigation regarding school financing, including an overview of the legal issues involved in such litigation and a description of the leading school finance cases at both the federal and state level.
Book Synopsis Educational Finance Law by : R. Craig Wood
Download or read book Educational Finance Law written by R. Craig Wood and published by . This book was released on 2007 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each state legislature has created a system of state and local monies for the financing of public elementary and secondary education that has evolved over a lengthy period of time. The financing of public education has a long history involving the tension within society in terms of education finance methodology and adjudicating these methodologies relative to various equity agendas, including perceived wrongs in society. This book examines this history and reviews several strategies currently in place in constitutional challenges to funding public education. --Publisher description.
Book Synopsis Courts as Policymakers by : Anna Lukemeyer
Download or read book Courts as Policymakers written by Anna Lukemeyer and published by LFB Scholarly Publishing LLC. This book was released on 2003 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having trained in both law and social science, Lukemeyer (public administration, U. of Nevada-Las Vegas) decided that professionals in both fields could benefit from insights in the other about school finance reform. She explains the role of legal cases in reform and how they can be used for further research; and how judges, lawyers, and plaintiffs can use the insights developed in the social sciences. She looks at 25 years of cases ending in 1996. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
Book Synopsis Financing Public Schools by : Kern Alexander
Download or read book Financing Public Schools written by Kern Alexander and published by Routledge. This book was released on 2014-09-15 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Financing Public Schools moves beyond the basics of financing public elementary and secondary education to explore the historical, philosophical, and legal underpinnings of a viable public school system. Coverage includes the operational aspects of school finance, including issues regarding teacher salaries and pensions, budgeting for instructional programs, school transportation, and risk management. Diving deeper than other school finance books, the authors explore the political framework within which schools must function, discuss the privatization of education and its effects on public schools, offer perspectives regarding education as an investment in human capital, and expertly explain complex financial and economic issues. This comprehensive text provides the tools to apply the many and varied fiscal concepts and practices that are essential for aspiring public school administrators who aim to provide responsible stewardship for their students. Special Features: "Definitional Boxes" and "Key Terms" throughout chapters enhance understanding of difficult concepts. Coverage of legal, political, and historical issues provides a broader context and more complex understanding of school finance. Offers in-depth exploration of business management of financial resources, including fiscal accounting, school facilities, school transportation, financing with debt, and the nuances of school budgeting techniques.
Book Synopsis Charter School Funding Considerations by : Christine Rienstra Kiracofe
Download or read book Charter School Funding Considerations written by Christine Rienstra Kiracofe and published by IAP. This book was released on 2022-01-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has been written about how public schools in the United States are funded. However, missing in the current literature landscape is a nuanced discussion of funding as it relates to public charter schools. This text, authored by researchers and professionals working in the charter school world, provides readers with a comprehensive overview of issues related to the funding and operation of charter schools. The book opens with an introduction to charter schools and how they are funded. The financial management and oversight of charter schools and issues related to funding equity, including how charter schools impact district school finances, are addressed. Special considerations for charter schools related to serving special education students and transportation issues are also addressed. After reading this book, readers will have a thorough understanding of how charter schools are funded and managed financially.
Book Synopsis A Guide to Public Engagement and School Finance Litigation by : Julia Zhang
Download or read book A Guide to Public Engagement and School Finance Litigation written by Julia Zhang and published by . This book was released on 2008 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawsuits challenging the constitutionality of public education funding systems are currently underway in 21 states. Litigation represents an opportunity to restructure the ways in which public education is financed, expanded, and delivered to children across the country. Public engagement plays a uniquely important role to ensure real improvement in schools. This Guide was developed to encourage community-based organizations to employ public engagement strategies while school finance litigation takes place in their states. While litigation may at times seem daunting and complex to non-lawyers, community-based organizations can do much to become involved in the process. Organizations can utilize public engagement strategies to ensure that the outcome of the litigation reflects the interests of constituent groups and the public. This Guide is organized to make the process of school finance litigation meaningful and accessible to a large audience. The Guide is divided into three sections: (1) An introductory section explains why public engagement and community involvement are critical in the fight for public school resources, and how community-based organizations can play active and direct roles in helping to secure resources for public schools; (2) The second section explains how education finance policy is made in theory and practice. Historically, what has been the role of the legislature, the court, and the school district in the policymaking process?; (3) The third section explores where local education funds ("LEF") and other community-based organizations fit into this process. We articulate a four-phase approach for community-based organizations to impact school finance litigation. Each phase is illustrated by an example of a support role played by an LEF or other community-based organization. The guide contains three appendices: (1) Resources with Information and Experience Regarding Public Engagement and School Finance Litigation; (2) Following are Sample Criteria for Joining an Amicus Brief, Developed from Public Education Network's Criteria; and (3) "E-advocacy" as a Public Engagement Strategy. (Contains 25 endnotes.).
Book Synopsis Education Finance Litigation by : John Dayton
Download or read book Education Finance Litigation written by John Dayton and published by . This book was released on 2013 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most citizens know very little about how their schools are funded, and even less about the school funding litigation that has shaped public school funding systems since Serrano v. Priest. Nonetheless, funding litigation has had a tremendous impact on public schools in the United States, second only to the impact of the litigation associated with Brown v. Board of Education. Since Serrano, the highest courts in 36 states have issued opinions on the merits of funding litigation suits, with 19 upholding state funding systems and 17 declaring state funding systems unconstitutional. A 2001 article titled 2 Serrano and It's Progeny: An Analysis of 30 years of School Funding Litigation reviewed school funding litigation since the Serrano decision. This article updates this research by providing brief reviews of the most recent and significant school funding litigation decisions, including the most recent decisions in Claremont v. Governor, James v. Alabama Coalition for Equity, Tennessee Small School Systems v. McWherter, Lake View v. Huckabee, DeRolph v. State, and Campaign for Fiscal Equity (CFE) v. State. This article also discusses possible future directions in this litigation, based on an analysis of these recent state high court cases and the litigation since Serrano v. Priest.
Book Synopsis Some Perspectives on Recent School Finance Litigation by : Carlee Escue Simon
Download or read book Some Perspectives on Recent School Finance Litigation written by Carlee Escue Simon and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, the highest court of virtually every State has confronted the same fundamental question - is our State's school finance system constitutional? The history of school finance litigation consists of three waves. During the first wave, which lasted from the late 1960s until the Supreme Court's decision in San Antonio Independent School District v. Rodriguez, the plaintiffs relied on the federal Equal Protection Clause. Essentially, the plaintiffs asserted that all children were entitled to have the same amount of money spent on their education and/or that children were entitled to equal educational opportunities (“equity suit”). The second wave, which lasted from the New Jersey Supreme Court's decision in Robinson v. Cahill until early 1989, continued to pursue the equity theory, but focused on Equality Guarantee Clauses of the State Constitutions. In contrast, the third wave, which began with the Montana, Kentucky, and Texas decisions in 1989 and continues to the present, involves the adequacy theory of school finance litigation. Under the adequacy theory, the plaintiffs, relying on the State Constitutions' Education Clauses argue that the finance system is unconstitutional because some schools lack the money to meet minimum standards of quality. Given the volume of cases, one would expect that the courts would eventually develop a coherent doctrine to decide school finance litigation. Yet, despite substantial academic commentary, courts continue to struggle with issues concerning justiciability and the appropriate constitutional standard. Recent decisions illustrate the point. For example, in Florida, a state trial court determined whether broad amorphous claims were justiciable. In South Carolina, a trial court addressed the merits following remand from the State's highest Court. In Colorado, the State Supreme Court issued an opinion that resolved justiciability while also establishing a constitutional standard for the trial court and giving significant guidance on both merits and remedial issues. The purpose of this article is to review and comment on these recent cases.
Book Synopsis School Finance Litigation in Other States by : Marsha Gronseth
Download or read book School Finance Litigation in Other States written by Marsha Gronseth and published by . This book was released on 1983 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Courts, Dollars and Schools by : John Michael Taylor
Download or read book Courts, Dollars and Schools written by John Michael Taylor and published by . This book was released on 1981 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt:
