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ERIC Number: EJ882814
Record Type: Journal
Publication Date: 2010
Pages: 16
Abstractor: ERIC
Reference Count: N/A
ISSN: ISSN-0161-956X
Educational Adequacy Litigation in the American South: 1973-2009
Dishman, Mike; Redish, Traci
Peabody Journal of Education, v85 n1 p16-31 2010
Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San Antonio Independent School District v. Rodriguez." Following "Rodriguez," finance litigation cases moved to state courts, initially advancing under a state constitutional "equity" theory challenging the disparate and allegedly discriminatory method in which states chose to disburse state educational dollars. These cases were largely unsuccessful. However, beginning in the late 1980s, a new theory began to emerge, one contesting whether educational funding--regardless of how collected--was sufficient to meet state constitutional obligations to fund education for all children. These cases were far more successful and contributed significantly to defining the parameters of the educational clauses of state constitutions, which had previously been largely aspirational and legally amorphous. Virtually all of the states traditionally identified in the American South have experienced some level of "adequacy" litigation. Whether borne by reticence or economic inability, the legislatures of these states historically demonstrated less of a financial commitment to education than their extraregional peers. Following the post-"Rodriguez" federal trend, Southern courts were largely unreceptive to state equity litigation. However, beginning in the early 1980s, educational adequacy litigation in the South has been far more successful, resulting in a few cases to almost a singular level of judicial intervention in state educational policy. This article considers an overview of adequacy litigation in the American South, examining particularly the litigation in seven of the region's states--Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, and South Carolina. (Contains 117 notes.)
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Alabama; Arkansas; Florida; Georgia; Kentucky; Louisiana; South Carolina
Identifiers - Laws, Policies, & Programs: Brown v Board of Education; Rodriguez v San Antonio Independent School District