ERIC Number: EJ919361
Record Type: Journal
Publication Date: 2009-Oct
Reference Count: 1
The Many Faces of Compliance: The Supreme Court's Decision in "Horne v. Flores"
Thro, William E.
School Business Affairs, v75 n9 p14-16 Oct 2009
At first blush, the Supreme Court's recent decision in "Horne v. Flores" (2009) appears to be about the proper standard for determining when to modify a previous judgment, a topic that would interest only civil procedure geeks. Yet, on closer examination, "Horne" is about giving local and state officials discretion to solve education problems and, ultimately, about solving education issues without spending more money. "Horne" offers three straightforward implications for school business officials. First, there are many ways to comply with federal law. Second, it is easier to modify or dissolve injunctions. Third, state and local control of education remains a paramount constitutional value. In sum, "Horne" is not just a case for those who obsess about civil procedure and the role of the federal courts. "Horne" is a decision that expands the discretion of education officials, limits the role of federal courts, and reaffirms the importance of local control.
Descriptors: Court Litigation, Second Language Learning, English (Second Language), School Business Officials, Federal Legislation, State Officials, Federal Courts, School District Autonomy, Cost Effectiveness, Compliance (Legal)
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Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Authoring Institution: N/A