ERIC Number: ED244371
Record Type: Non-Journal
Publication Date: 1983-Dec
Reference Count: N/A
An Equitable Framework for Corporate Participation in the Public Schools.
Caldwell, Richard Allen
Business partnership with public schools, while holding great promise for educational improvement, is hindered by legal questions about equity. Disagreement on how to apply this value to education has produced much litigation over school finance. Some allege that property tax financing violates the equal protection clause of the Fourteenth Amendment; in classifying citizens by wealth, it discriminates against poor school districts. Similarly, corporate aid may unjustly favor some districts. In equal protection cases, courts have required that states' schemes for classifying citizens rationally follow legitimate legislative purposes. Some legal scholars believe courts have in many such rulings exceeded their authority. Activist courts, reasoning that the Constitution requires statewide spending equalization, may attack corporate aid to schools. Abstract concepts of equal rights, however, must be weighed against greater overall opportunities created by corporate aid. In recent cases, courts have disagreed whether property tax financing uses a discriminatory classification and whether education is subject to equal protection. Regardless of business involvement, however, schools will always rely mostly on public funding. Courts should therefore apply equal protection cautiously. Public-private partnerships, if created in a spirit of fairness, pose no substantial constitutional questions. A 64-item reference list is included. (MCG)
Descriptors: Constitutional Law, Court Litigation, Court Role, Educational Equity (Finance), Educational Opportunities, Elementary Secondary Education, Equal Protection, Fiscal Capacity, Government Role, Private Financial Support, Public Schools, Resource Allocation, School Business Relationship, School Funds
ECS Distribution Center, Education Commission of the States, 1860 Lincoln Street, Suite 300, Denver, CO 80295 ($3.00).
Publication Type: Opinion Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Education Commission of the States, Denver, CO. Task Force on Education for Economic Growth.
Identifiers - Laws, Policies, & Programs: Fourteenth Amendment; Rodriguez v San Antonio Independent School District