ERIC Number: ED268681
Record Type: RIE
Publication Date: 1985
Reference Count: 0
Current Litigation Involving School Finance Issues.
Sparkman, William E.
This paper contains an overview of selected school finance cases litigated in local, state, and federal courts. The first section contains a review of state school finance cases. Constitutional challenges to states' school finance systems were affirmed by the Connecticut Supreme Court, defeated by the Michigan Court of Appeals, and returned to a lower court by the Supreme Court of New Hampshire; in addition, seven property-poor school districts have filed suit in Texas. School districts in Michigan challenged the state's right to reduce school aid. The next section of the paper examines local fiscal issues including litigation prompted by school board decisions affecting areas such as property tax exemption, disposition of interest earned on school funds, extracurricular program fees, transportation, and school district residency requirements. A federal district ruled in Philadelphia that school districts may file a class action suit against 55 manufacturers to recover the cost of asbestos removal. The third section of the paper addresses controversial issues at the federal level: (1) the authority of the federal government to recover misspent Title I funds; (2) school lunch regulations involving soft drinks; and (3) the government's financial responsibility for the Chicago Board of Education's desegregation plan under the terms of a 1980 consent decree. The fourth section addresses the issue of public financial support for nonpublic schools. (MLF)
Descriptors: Court Litigation, Educational Finance, Elementary Secondary Education, Federal Aid, Financial Policy, Fund Raising, Government School Relationship, Legal Problems, Private School Aid, School District Spending, School Funds, School Law, School Support, State Aid, State School District Relationship
Publication Type: Reports - Descriptive
Education Level: N/A
Audience: Administrators; Policymakers; Practitioners
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: In: Jones, Thomas N., Ed., and Semler, Darel P., Ed. School Law Update 1985. National Organization on Legal Problems of Education, 1985 (ED 018 409).