Beginning in the early 1970s, plaintiffs initiated a veritable tidal wave of litigation over financing public education in states with unequal funding for students in poor school systems. In the only case on school finance to reach the United States Supreme Court, "San Antonio Independent School District v. Rodriguez" (1973), the…

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

Since the late 1980s, state court judges in over twenty states, deriving their authority from the education clauses of their respective state constitutions, have struck down school finance systems as not "adequate." Pointing to evidence of unacceptable student achievement outcomes, especially among poor and disadvantaged students,…

Since the 1970s, proponents of greater spending in disadvantaged school districts have pursued their goal through litigation in state courts. They have brought suits in 45 of the 50 states. These suits began with claims of equity, which sought to redistribute revenues from rich to poor districts. Disappointed with the results, within a decade the…

Discusses recent Kentucky case of "Boyd County High School Gay Straight Alliance v. Board of Education of Boyd County" wherein the Kentucky Supreme Court held that the Equal Access Act prohibited school officials from banning the Gay Straight Alliance from meeting in the high school since it had earlier permitted four other noncurricular…

Courts are being asked to determine the legality, according to state constitutions, of various methodologies of financing public education. The first of two articles addresses finance issues raised in five selected states during the last three years. (18 notes) (MLF)

Discusses basis for Kentucky appellate court decision that state's no-pass, no-drive statute did not violate due-process and equal-protection clauses of the Kentucky and federal constitutions, but did violate the federal Family Education Rights and Privacy Act, but nevertheless did not invalidate the statute. Explains why the decision is…

In 1989, the supreme courts of Montana, Kentucky, and Texas declared their respective school finance systems unconstitutional. Explores why these cases represent a major change in litigation and will prompt a third wave of school finance reform litigation. (MLF)

Despite the school shooting on December 1, 1997, under current state law in Kentucky, school officials and administrators are not likely to be held accountable, even for ignoring the most obvious of warning signs. There should no longer be the rule barring liability that is called sovereign immunity. Instead, the court should examine the actions…

Resource materials and learning activities to help secondary students in Kentucky learn about their state's court system are provided. The guide begins by providing a history of the Kentucky Court of Justice. Discussed are the qualification of judges, the Retirement and Removal Commission, the Judicial Nominating Commission, and juries. Background…

American schools, resegregating gradually for almost two decades, are now experiencing accelerating isolation and this will doubtless be intensified by the recent decision of the U.S. Supreme Court. In June 2007, the Supreme Court handed down its first major decision on school desegregation in 12 years in the Louisville and Seattle cases. A…

Examines effectiveness of court challenges to education-finance systems in achieving need-driven educational equity, focusing on California, Kentucky, and Texas. Provides overview of education-finance litigation and goals of finance reform. Describes funding system in each state both pre- and post-litigation; uses statistical measures to discuss…

State litigation involving unconstitutional school financing systems are described in this document, which focuses on efforts in Texas to reform the financing of public education. Since its school finance system was declared unconstitutional in 1987, two subsequent proposals have been struck down by the Texas Supreme Court for the following…

This paper clarifies core concepts in a Kentucky judge's decision that the State General Assembly has failed to provide an efficient system of common schools. Connecting "efficiency" of educational systems to "equality of educational opportunity," the paper argues that the realization of a constitutionally sound, efficient…