ERIC Number: ED193797
Record Type: RIE
Publication Date: 1980-Apr
Reference Count: 0
The Role and Influence of State Courts on Educational Policy and Practice.
Valente, William D.
The recent growth of school-related laws and regulations has magnified the court role in setting education policies through legal decision. State courts have traditionally played a primary role in disposing of education disputes, but their role has diminished while the federal court role has increased. This is due to a lag between state and federal law both in the development of substantive law and in the evolution of litigation procedures. The author suggests avenues of exploration to improve the role of state courts. He identifies institutional deterrents to the use of state courts vis a vis federal courts; restrictive trial procedures and principles that state courts control and should review; the gap between state and federal court remedies; and areas of substantive lawmaking wherein some states have exerted authority to solve education issues in ways not achievable in federal courts. As a working study paper, this publication focuses, not on specific solutions, but on lines of inquiry and research that may contribute toward such solutions and the enhancement of state court involvement in the judicial disposition of school-related issues that have large policy implications for education and society. (Author/JK)
Publication Type: Opinion Papers
Education Level: N/A
Sponsor: National Inst. of Education (DHEW), Washington, DC.
Authoring Institution: Stanford Univ., CA. Inst. for Research on Educational Finance and Governance.
Note: Table 5-2 may be marginally legible.