During the 1970s the states greatly increased their role in educational policy innovation at the expense of local school districts. Previously, the states had varied widely along the spectrum of centrist versus localist control; they had been strongest only in such traditional areas as attendance, accreditation, and school facilities regulation.…

This paper is a presentation, in outline form, of the development of the "quasi-nonpublic forum," where cases involving student free speech push the envelope of what is acceptable under Constitutional law and what is appropriate/acceptable student behavior under constraints set by school regulations. Context is set by presenting court…

In 1997, an active year for school-finance legislation, states responded in a variety of ways to court decisions. This report provides an overview of school-finance legislation for that year. Historically, school-finance suits have focused on the equity and adequacy of state funding, and the decisions handed down in 1997, for the most part,…

The rationales for various state-finance distribution formulas, from 1896 to the present, are explained along with the rationales of the lawsuits questioning their validity. Chapter 1 describes attempts at financial equity from 1896 to the 1950s. Chapter 2 examines the current status of financing public education, emphasizing a state's obligation…

Discusses the history, legal arguments, decision, and fiscal implications of "Pauley v. Bailey," in which a West Virginia circuit court judge's ruling gave explicit and detailed descriptions of a thorough and efficient K-12 education system. Briefly reviews two West Virginia supreme court decisions concerning property assessment…

The author examines the history and impact of two significant but conflicting legal decisions in cases that challenged the validity and cultural fairness of standardized IQ tests: Larry P. v. Riles (California) and PASE v. Hannon (Illinois). (Editor/SJL)

Analysis of New York Supreme Court's interpretation of economics of education literature in its 2001 decision in "Campaign for Fiscal Equity v. The State of New York." Includes educational outcomes, educational inputs, and the efficient use of teacher inputs. Discusses the cost-effectiveness of court reform of education compared with…

The supreme courts of Montana, New Jersey, and Texas have overturned their respective educational finance systems. Provides analyses of the three cases and a discussion of the implications for other states. (MLF)

As school-based decision making continues to be a popular governance option throughout the country, the recent decision of the Supreme Court of Kentucky in "Bushee," upholding the power and autonomy of school councils in relation to school boards, may act as a bellwether to other locations. (119 footnotes) (MLF)

A California superior court struck down a Stanford University antiharassment policy, saying that it restricted students' free-speech rights. The policy had banned face-to-face insults that stigmatize students on the basis of such things as race, sex, or religion. California law requires private colleges to grant students the same constitutional…

Examines several state supreme court cases that bear on school finance litigation in Illinois. Suggests that the Illinois plaintiffs have an opportunity to establish a new litigation strategy. When school finance schemes are challenged on the basis of educational quality, courts have the opportunity to define a basic standard of education that…

Discusses the Montana Supreme Court's declaration that the Montana system of financing education was unconstitutional as it relates to emerging legal principles drawn from federal school finance court challenges. Speculates on future directions in state education finance equity litigation. (54 references) (MLF)

Disagrees with Ferraraccio's views and argues that: (1) students do bring illegal weapons to school; (2) metal detectors do detect weapons and help schools to disarm students; (3) disarming students reduces the threat of violence; and (4) courts have repeatedly approved the constitutionality of weapon-related suspicionless student searches…

An analysis of recent judicial decisions shows that the adequacy concept emerging from state courts' invalidation of school finance systems transcends minimalist education standards and focuses on "world-class" standards and ambitious, universal student outcomes. Instead of challenging per-pupil expenditures, courts are questioning…

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…