ERIC Number: ED044822
Record Type: RIE
Publication Date: 1970-Nov-19
Pages: 26
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Disparaties in Educational Resources and Outcomes, and the Limits of the Law.
Yudof, Mark G.
This document analyzes different approaches to the goal of equal educational opportunity and discusses the judicial role in achieving it. One approach argues that equal dollars or equal facilities and services must be provided to each pupil. Some people have contended that racially segregated schools deprive minority students of an equal educational opportunity. Others, supporting an outcomes approach, have taken the perspective that equal educational opportunity must be defined in terms of the effectiveness of the resources used and the processes of the educational system; i.e., each child should be developed to the minimum level sufficient for adequate functioning in a modern world. The document urges that as a matter of policy, an outcomes definition of equal educational opportunity is more sensible, but that it is impractical and inappropriate for judicial consideration and enforcement. For a constitutional decision on equal education to be effective, it must be simple, amenable to the application of court power, and acceptable to the public. (JF)
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Note: Paper presented at National Organization on Legal Problems of Education Annual Meeting (16th, New Orleans, Louisiana, November 19, 1970)