This book offers an overview of educational finance law and examines constitutional challenges to state aid plans. Chapter 1 provides an introduction to education finance litigation, including the early history of education finance litigation and early education finance theory. Chapter 2 discusses the states' responsibilities for providing equal…

In March 1990, the Wisconsin legislature passed into law the Milwaukee Parental Choice Program. Its enactment made Wisconsin the only state in the nation with a private school voucher plan. Litigation concerning the constitutionality of the program has involved the following actions: (1) the Wisconsin Supreme Court refused to hear the case; (2)…

Recent court decisions are described under the following headings: (1) requests by parents to have their children excused from parts of the curriculum that conflict with their religious beliefs; (2) requests by parents to have textbooks removed from the curriculum; (3) use of school facilities by outside religious groups; (4) benedictions and…

The history of equity concerns in Texas public school finance, spanning over a century, is reviewed in this report. Three issues related to three reform eras are discussed: equitable availability of public schooling, equal resources for schools, and school effectiveness. State responses to the issues included equalization of opportunities in rural…

An overview of the constitutionality of various state public education finance systems is presented. Issues addressed include education as a fundamental right mandated by the education clause of state constitutions and the impact of the equal protection clause on the education clause. Criteria for successful challenges to state school finance…

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…

Pressure on the public schools is coming from conservative New Right religious-political groups. Their concerns focus on: (1) secular humanism--a Godless form of religion that the public schools are alleged to be teaching; (2) scientific evolution versus creationism--the balanced treatment statute; (3) Bible clubs and prayer in the classroom; and…

A study traced the development of state open-meeting laws, beginning with the concept of open access presented in English common law and extending to the present time. Responses to inquiries were solicited from state press association managers. Analysis of the responses received, as well as secondary sources, identified current legislation and…

Emphasizing the diminished resources of the 1980's, this report offers an overview of the varied experiences of the states in dealing with school finance issues. Although basic inequities in educational services remain, the states' generally poor fiscal condition has resulted in less attention for equity issues. However, public school financing…

Decisions made by federal and state courts during 1983 concerning the liability of schools, school districts, school boards, or school employees in tort cases are reported in this chapter. Torts are civil causes of action based on noncontractual legal responsibilities that individuals have to avoid harming or injuring another's person, property,…

This book is a study of civil cases, filed in court after 1976, involving students in elementary and high schools. The number of cases comes to 1,632, of which 769 are concerned with special education, 290 with disciplinary matters, and 248 with sports. The remaining cases deal with racial and sex discrimination, freedom of religion, establishment…

This monograph reviews the history and examines the current status of school desegregation with respect to major court decisions and their impact on educational policy. Discussed are the Brown v. Board of Education case of 1954 and subsequent Supreme Court and lower court decisions, busing, involvement of the executive and legislative branches of…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--discusses high-stakes testing. Specifically, it examines the high-stakes testing program in Chicago public schools, a grade-promotion policy that uses a standardized test as the primary basis for promotion. Although…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

The Capital Area School Development Association's (CASDA) School Law Conference assists school board members and administrators in the Greater Capital Region of Albany, New York, in improving their knowledge in the area of school law. In Chapter 1, "Recent Decisions of the Commissioner of Education," examines the substance and outcome of…