ERIC Number: ED215417
Record Type: Non-Journal
Publication Date: 1982
Reference Count: N/A
Developments in Public School Finance: Keeping the Doors Open.
Alexander, M. David; Salmon, Richard G.
Since 1968, there has been a monumental amount of litigation concerning the financing of schools. This seventeenth chapter of a book on school law reviews cases dealing with fiscal equalization of state-supported programs. Many cases litigated since 1977 and two litigated before 1977 are dealt with. In 1973 in the "San Antonio" case, the United States Supreme Court overturned a state court's ruling that the Texas school finance system failed to provide equal protection. Since then, however, the highest courts in Connecticut, New Jersey, Washington, California, and Wyoming have ruled that their financing systems are unconstitutional. Reasons for the rulings given by the five state supreme courts varied, with one case resting on state constitutional guarantees of equal protection, another case resting on the contention that education is a fundamental right guaranteed by the state constitution, and other cases resting on both contentions. Only two states, Ohio and Pennsylvania, have upheld the constitutionality of their state finance systems, with neither state accepting that education is a fundamental right. Since 1973, lower state courts in Maryland, Colorado, Georgia, and New York have ruled in favor of challenges to the state finance system. (Author/JM)
Descriptors: Access to Education, Court Litigation, Educational Finance, Educational Legislation, Elementary Secondary Education, Equal Education, Equal Protection, Finance Reform, Financial Policy, Financial Support, School Support, State Courts, State Legislation, State Programs
Not available separately; see EA 014 500.
Publication Type: Books; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Rodriguez v San Antonio Independent School District