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Some Perspectives On Recent School Finance Litigation
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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 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 Recent Developments in School Finance Litigation by : Michael Addonizio
Download or read book Recent Developments in School Finance Litigation written by Michael Addonizio and published by . This book was released on 1992 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 Doubt Or Deference by : William E. Thro
Download or read book Doubt Or Deference written by William E. Thro and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Davis v. South Dakota, the Supreme Court of South Dakota held that the legislature complied with the State Constitution when it enacted the State's school finance system. Conversely, in McCreary v. Washington, the Supreme Court of Washington declared that the legislature violated the State Constitution when it enacted the State's school finance system. This is the norm in school finance litigation. Two courts decide cases involving virtually identical issues within five months of each other, but reach opposite results. While there are important differences between the two school finance systems at issue and while the Education Clauses of the respective State Constitutions are worded differently, the primary reason for the opposite result is the Courts utilized completely different constitutional standards. The different constitutional standards resulted from different views of the nature of the constitutional challenges, different interpretations of the state constitutional provisions at issue, and different constitutional constructions of those provisions. A comparison of these differences illuminates insights and perspectives on the judicial role in school finance litigation. Sometimes the best way to understand a particular decision is to understand why a different body made the exact opposite decisions. The purpose of this Article is to compare judicial approaches of the South Dakota and Washington Courts in order to better understand judicial decision-making in school finance litigation. This Article accomplishes this purpose in three parts. Part I provides a general overview of school finance litigation including the relevant constitutional strategies and history. Part II discusses the reasoning of both the South Dakota and Washington Courts. Part III compares the judicial approaches of the two tribunals. Using the interpretative theories set out in the recent works of Bauries and Thro, Part III examines how each Court viewed nature of the constitutional challenges, interpreted the state constitutional provisions, and developed constitutional constructions.
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 Summary of School Finance Litigation by : Kansas. Legislature. Legislative Research Department
Download or read book Summary of School Finance Litigation written by Kansas. Legislature. Legislative Research Department and published by . This book was released on 2003 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Effectiveness of School Finance Litigation by : Clifton Moran
Download or read book The Effectiveness of School Finance Litigation written by Clifton Moran and published by . This book was released on 2008 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 School Finance Litigation by : Jody Feder
Download or read book School Finance Litigation written by Jody Feder and published by . This book was released on 2007 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book School Finance written by William E. Thro and published by SAGE Publications. This book was released on 2012-08-16 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Education of America′s school children always has been and always will be a hot-button issue. From what should be taught to how to pay for education to how to keep kids safe in schools, impassioned debates emerge and mushroom, both within the scholarly community and among the general public. This volume in the point/counterpoint Debating Issues in American Education reference series tackles the topic of school finance. Fifteen to twenty chapters explore such varied issues as additional fees, charger schools, equity vs. adequacy, federal mandates and funding, merit pay for teachers, property taxes and local revenues, and more. Each chapter opens with an introductory essay by the volume editor, followed by point/counterpoint articles written and signed by invited experts, and concludes with Further Readings and Resources, thus providing readers with views on multiple sides of financial issues with America′s schools and pointing them toward more in-depth resources for further exploration.
Book Synopsis Money and Schools by : Faith Crampton
Download or read book Money and Schools written by Faith Crampton and published by Routledge. This book was released on 2015-05-22 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: For both aspiring and experienced education leaders in school budgeting, finance, and resource management courses, Money and Schools explains and demonstrates the relationship between money and equality of educational opportunity. Grounded in research and best practices, this book provides a broad overview of school finance, budgeting, and resource allocation, as well as a detailed examination of day-to-day funding operations. This accessible and engaging book offers strong connections to real-world experiences and detailed information on pre-K–12 funding history, concepts, and current operations. New to this edition: • Cutting edge research on the relationship of money and student learning outcomes, alterations to state aid distribution formulas, new federal education initiatives, and a changing landscape in school finance litigation. • New concepts that have gained traction since the last edition of the book, including school choice and privatization, Common Core State Standards, value-added teacher evaluation, and growth of online options at the K–12 level. • Updated end-of-chapter activities and additional resources that are aligned with the key concepts and content of each chapter. • Online instructor resources
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:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Money and Schools by : David C. Thompson
Download or read book Money and Schools written by David C. Thompson and published by Eye On Education. This book was released on 2005 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overviews funding concepts, daily funding operations, and the future of school funding, with discussion of the effect of money on schools, the structure of school governance, basic funding structures, budget planning, legal liability, site-based leadership, and budgeting for various aspects of schools, such as instruction and school infrastructure. Of interest to school administrators, classroom teachers, and board of education members. This edition contains follow-up projects after each chapter, updated information on school- based budgeting and accountability, and expanded coverage of funding issues and policy perspectives. Thompson is affiliated with Kansas State University; Wood is with the University of Florida. c. Book News Inc.
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).
