School funding in Michigan is inadequate and inequitable. Michigan does not provide a sufficient base per-pupil amount, nor does the state properly address the cost of educating students with additional needs, especially students with disabilities, English learners, and low-income students. It would cost $4.5 billion to bring districts to funding…

In the United States, the right to education resides in the states. Every state constitution affirmatively requires state legislatures to maintain and support a system of elementary and secondary schools open to all resident children. Although the language of these constitutional provisions varies, in all cases they mandate states, through their…

In the 2009 "Abbott v. Burke XX" decision, the New Jersey Supreme Court approved the SFRA formula as a replacement for the previously Court-ordered "parity" and "supplemental funding" remedies for the longstanding violation of the constitutional right to a thorough and efficient education of students in 31 urban, or…

There is no question that students who experience homelessness, like all students, are entitled to be educated. A federal law, known as the McKinney-Vento Homeless Assistance Act, requires states to provide homeless children and youth with the same access to free appropriate public education as is available to other students. The Act also requires…

This policy brief addresses federal and state constitutional issues that arise when faith-based organizations participate in state prekindergarten (pre-k) programs and recommends safeguards to ensure that public funding of those programs complies with constitutional principles respecting the separation of church and state and freedom of religion.…

States and local school districts are required by federal law to educate preschool age children with disabilities in typical early childhood programs alongside children who do not have disabilities to the maximum extent appropriate. This policy brief provides an overview of the law and sets forth a list of policy recommendations that can help…

The federal McKinney-Vento Homeless Assistance Act ("McKinney-Vento") provides federal funding to states to address the problems that homeless children and youth encounter in enrolling, attending, and succeeding in the nation's public schools. McKinney-Vento requires states to develop plans that ensure homeless children and youth the…

This report calculates the full cost of providing well-planned, high quality pre-school for children in New Jersey, as required under "Abbott vs. Burke" (153 NJ 480 1998). The evidence on how high-quality pre-school improves the academic performance of children is compelling. After a rapid expansion over the last decade, many children in…

The mission of the Education Law Center (ELC) is to ensure public school children access to an equal and high quality education. Over the past year, they expanded their efforts to achieve that goal using the innovative advocacy strategies presented in this report. Highlights include: (1) Providing legal services to 479 low income and disadvantaged…

This report presents a brief history of the Abbott School Construction Program, describes the implementation to date, lays out some current challenges, and outlines lessons learned from the process so far--what is known now about how such an initiative should be planned and carried out. The report is intended to illuminate the complex process of…

This report on preschool facilities analyzes regulations proposed by the New Jersey Department of Education (NJDOE) to implement the Educational Facilities Construction and Financing Act. (EFCFA). EFCFA, which authorizes and governs New Jersey's public school construction program, was enacted in July 2000 to implement the State Supreme Court's…

The New Jersey Supreme Court's 1998 ruling in Abbott v. Burke represents the first judicial directive in the nation that public education must include a high-quality, well-planned preschool program starting at age three. This decision applies to 30 urban school districts, known as the Abbott districts, that serve approximately 25 percent of the…