ERIC Number: ED282300
Record Type: RIE
Publication Date: 1986
Reference Count: 0
Fiscal Equity Challenges.
Salmon, Richard G.; And Others
This chapter of "Principles of School Business Management" reviews major federal and state court cases dealing with fiscal equalization of state school support programs and summarizes and discusses the major legal issues that were addressed. The major federal cases include "McInnis v. Shapiro,""Burrus v. Wilkerson," and "Van Dusartz v. Hatfield," and culminate in "San Antonio v. Rodriguez," in which the United States Supreme Court held that the right to an education was not guaranteed by the U.S. Constitution. The federal courts were unable to come up with a definitive operational definition of educational opportunity. State courts experienced similar difficulty. The state cases included "Serrano v. Priest" (California), "Milliken v. Green" (Michigan), "Shofstall v. Hollins" (Arizona), "Blase v. State of Illinois,""Northshore School District No. 417 v. Kinnear" (Washington), "Thompson v. Engleking" (Idaho), "Robinson v. Cahill" (New Jersey), "Olsen v. State of Oregon,""Knowles v. State Board of Education" (Kansas), "Horton v. Meskill" (Connecticut), "Board of Education, Levittown v. Nyquist" (New York), "Seattle v. State" (Washington), "Pauley v. Kelly" (West Virginia), "Danson v. Casey" (Pennsylvania), "Lujan v. Colorado State Board of Education,""Board of Education v. Walter" (Ohio), "Washakie County School District v. Herschler" (Wyoming), "Thomas v. Steward" (Georgia), "Somerset County Board of Education v. Hornbeck" (Maryland), "Dupree v. Alma School District" (Arkansas), and "East Jackson Public Schools v. State" (Michigan). These cases resulted in several decisions that public school financing systems were unconstitutional, while in other states decisions upheld the constitutionality of financing systems. The trend seems to be toward conservative decisions upholding state financing schemes. Over 110 notes and citations to the cases are provided. (PGD)
Publication Type: Guides - Classroom - Learner; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: Administrators; Students; Practitioners
Authoring Institution: Association of School Business Officials International, Reston, VA.
Note: Chapter 19 of "Principles of School Business Management" (EA 019 320). Coauthors are Mary Jane Connelly and M. David Alexander.