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Alex Spurrier; Bonnie O'Keefe; Jennifer O'Neal Schiess – Bellwether, 2023
Many recent critical reforms in state school finance systems have been catalyzed by the courthouse, not the statehouse. Advocates for equity-focused school finance reforms often consider legal action as the best path to significant policy changes. This brief discusses state-level lawsuits on adequacy and equity grounds and their outcomes.
Descriptors: Educational Finance, Court Litigation, Elementary Secondary Education, Financial Support
Wood, R. Craig – Journal of Education Finance, 2019
Presently, charter schools exist in 43 states. The Minnesota Legislature first created charter schools in the United States in 1991. As of 2018, there were nearly 7,000 charter schools in 43 states serving over approximately 3 million students. The creation, control, and mission of these schools varies from state to state. This analysis examines…
Descriptors: Charter Schools, Educational Finance, Court Litigation, State Courts
Holme, Jennifer Jellison; Heilig, Julian Vasquez – Journal of School Leadership, 2012
High school exit exam requirements are affecting a growing number of U.S. students--particularly low-income students and students of color. This article examines the policy and legal landscape of exit testing policy to shed light on some of the key issues facing local school leaders charged with implementing these policies. The article first…
Descriptors: Exit Examinations, Testing, Low Income Groups, Court Litigation
Russo, Charles J. – School Business Affairs, 2010
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…
Descriptors: Educational Finance, Court Litigation, Public Schools, Educational Equity (Finance)
Slater, Charles L.; Scott, James – AASA Journal of Scholarship & Practice, 2011
Equity issues in public school finance have been discussed in terms of three waves. The first wave was a challenge to the U.S. Supreme Court to provide equal education to all students as a fundamental right. After a ruling against the plaintiffs in "San Antonio v Rodriguez" (1973), the fight shifted to a second wave in the state courts.…
Descriptors: Equal Education, State Courts, Finance Reform, Educational Finance
Dishman, Mike; Redish, Traci – Peabody Journal of Education, 2010
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…
Descriptors: Racial Segregation, Educational Finance, Court Litigation, Educational Equity (Finance)
Rebell, Michael A. – University of Chicago Press, 2009
Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…
Descriptors: Equal Education, School Desegregation, State Courts, Federal Courts
First, Patricia F. – Journal of Education Finance, 2007
John Kenneth Galbraith proposed a test for the "good society" that deals directly with the financing of education. The Arizona Constitution may require that the legislature establish and maintain a "general and uniform" public school system, but, as the author argues in this article, the chronicle of the school funding cases in…
Descriptors: Educational Finance, Court Litigation, Financial Support, State Courts
Dunn, Josh; Derthick, Martha – Education Next, 2007
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…
Descriptors: State Courts, Public Support, Disadvantaged Schools, Court Litigation
Wood, R. Craig; Lange, George – Journal of Education Finance, 2006
Public education funding in the past 40 years has increased significantly, with parties turning to the judiciary in order to address perceived educational opportunity inequities arising from state education finance distribution formulas. As the 21st century opens, the question of public education finance is set squarely before the courts. This…
Descriptors: State Courts, Public Education, Educational Opportunities, Educational Finance

Colwell, William Bradley – Journal of Education Finance, 1998
Due to state legislatures' reluctance to initiate school-funding reform, judicial bodies are asked to provide relief from alleged inequities. Before providing judicial review, the judiciary must decide whether an issue is justiciable (does not violate separation of powers) and warrants court intervention. Children's education has not substantially…
Descriptors: Court Litigation, Educational Equity (Finance), Elementary Secondary Education, State Courts
Glenn, William J.; Picus, Lawrence O. – Journal of Education Finance, 2007
The California Supreme Court catalyzed school finance litigation with its rulings in the "Serrano v. Priest" cases. The court's required that wealth-related spending differences essentially be eliminated, the legislation required to implement that decision, and the passage of Proposition 13's property tax limitation has resulted in…
Descriptors: Court Litigation, Educational Equity (Finance), Educational Finance, State Courts

Thro, William E. – Journal of Law and Education, 1990
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)
Descriptors: Court Litigation, Educational Equity (Finance), Elementary Secondary Education, Finance Reform

Silva, Fabio; Sonstelie, Jon – National Tax Journal, 1995
Half the decline in California's public school spending is due to a 1971 Supreme Court ruling that required equal spending per pupil across school districts throughout the state. Enrollment increases have also contributed to the decline. (JOW)
Descriptors: Court Litigation, Educational Equity (Finance), Educational Finance, Expenditure per Student
Borman, Kathryn M., Ed.; Cahill, Spencer E., Ed.; Cotner, Bridget A., Ed. – Praeger, 2007
The Praeger Handbook of American High Schools contains entries that explore the topic of secondary schools in the United States. Entries are arranged alphabetically and cover topics as varied as assessment to the history of the American high school, from attention-deficit/hyperactivity disorder to gay and straight student alliances, from the No…
Descriptors: High Schools, Court Litigation, School Segregation, Compulsory Education