ERIC Number: EJ720566
Record Type: Journal
Publication Date: 2005
The Journey to Adequacy: The "DeRolph" Saga. Part II
McKinley, Sandra K.
Journal of Education Finance, v30 n4 p321-381 Spr 2005
The fight over school funding in most states involves a long battle in the courts that may span several years and never have a definitive endpoint because resistance to adequate funding of public schools appears to be endemic to government processes. The "DeRolph" case, first filed by the plaintiffs in December 1991, is one such legal battle over school funding in Ohio and has proved to be no exception to the evolutionary scenario except that it has continued even longer and been characterized by greater animosity. Officially, on December 11, 2002, the Ohio Supreme Court declared for the fourth time ("DeRolph IV") that the school funding system is unconstitutional and in need of a complete systematic overhaul in order to comply with the "thorough and efficient" clause of the Ohio Constitution (article VI, section 2). However, the court did not retain jurisdiction in "DeRolph IV" and in March 2003 granted a writ of prohibition to the state that impeded any court in the state from pursuing the implementation of a remedy. A remedy in accordance with "DeRolph I" and "II" required that Ohio's public school children receive from the state an adequate education or one of high quality. In this article, the author continues to chronicle the history of "DeRolph" which began with "The Journey to Adequacy: The "DeRolph" Saga. Part I" in the Winter 2005 (Volume 30, Number 3) issue of the "Journal of Education Finance" (see EJ720565). This article addresses the following: (1) The Interval Between "DeRolph I" and "DeRolph II"; (2) "DeRolph II," Judge Lewis, and the Appeal to the Ohio Supreme Court; (3) The Political Divisions Created by "DeRolph"; (4) Attempt to Define Adequate Education; (5) The General Assembly's Modification of the School Funding Formula and "DeRolph III"; (6) Interval Between "DeRolph II and IV"; (7) Aftermath of "DeRolph IV"; (8) The Ohio Supreme Court and "DeRolph V"; (9) Aftermath of "DeRolph V"; (10) Need for Clarification of Adequacy; (11) Politics of Ohio State Supreme Court Races; and (12) Conclusion. (Contains 238 footnotes.)
Descriptors: Courts, Court Litigation, Educational Finance, Financial Support, Public Schools, Compliance (Legal), Educational Quality, State Legislation, Rural Schools, Funding Formulas, Politics of Education
University of Illinois Press, 1325 South Oak Street, Champaign, IL 61820-6903. Tel: 217-333-0950.
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: Ohio