ERIC Number: EJ792842
Record Type: Journal
Publication Date: 2008-Apr
Reference Count: N/A
Hope for Children Trapped in Failing Schools: The Promise of "Crawford v. Davy"
Gomez, Julio C.
Peabody Journal of Education, v83 n2 p297-321 Apr 2008
On October 4, 2007, a trial level court in New Jersey dismissed "Crawford v. Davy", a class action lawsuit filed on behalf of 60,000 schoolchildren throughout the state seeking the court's authority to leave schools that fail to educate their students. By filing suit, plaintiff schoolchildren had hoped to be transferred to an alternative successful public or private school utilizing their pro rata share of state and local school funds to subsidize the transfer. Now, the dismissal of "Crawford" consigns these children to poor inadequate neighborhood schools indefinitely. If the dismissal of "Crawford v. Davy" is not reversed on appeal, it will not only extinguish the hope of plaintiff schoolchildren to receive an equal and adequate educational opportunity, but could threaten the right of a thorough and efficient education guaranteed by the State Constitution and reverse gains achieved over the past 40 years in New Jersey's education jurisprudence. This article places "Crawford" in the context of the state's enduring legal struggle to equalize educational opportunities and discusses its claims and purposes in relation to that history. The article then addresses the significance of the "Crawford" dismissal on the state's legal precedents, especially rulings in the on-going "Abbott v. Burke" equity funding litigation. Finally, the article concludes with a prediction of the impact that "Crawford's" dismissal may pose for the larger equity/adequacy litigation movement playing out across the country. For the moment, the hope of 60,000 plaintiff schoolchildren is diminished. Only time and New Jersey's appellate courts will dictate whether their hope for an equal and adequate education shall survive.
Descriptors: Neighborhood Schools, Equal Education, Laws, Court Litigation, Educational Opportunities, School Funds, Disadvantaged Schools, Educational Quality, Student Rights, Educational Equity (Finance), Educational Finance, Poverty
Lawrence Erlbaum. Available from: Taylor & Francis, Ltd. 325 Chestnut Street Suite 800, Philadelphia, PA 19106. Tel: 800-354-1420; Fax: 215-625-2940; Web site: http://www.tandf.co.uk/journals/default.html
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Location: New Jersey