But that leaves the problem that has afflicted
school finance litigation for decades: If money is not the measure of resources and opportunity, then what is?
There is no question that, as Michael Heise argues, the accountability and standards movement is threatened
by school finance litigation («Educational Jujitsu,» Feature, Fall 2002).
Video: Eric Hanushek talks with Education Next about the recent Supreme Court decision on school spending in Arizona, and considers the ruling's impact on
state school finance litigation.
Grounded in those state constitutional provisions, many state supreme courts have, typically as part of a decision having to do
with school finance litigation, recognized an individual right to education.
Veronica Garcia ended the day with a legal update covering topics including waivers for HB 2610, comments for Districts of Innovation, the new Pre-K grant, cameras in special education classrooms (SB 507), and the
pending school finance litigation.
Using the weighted average daily attendance, the gap is an average of $ 1000 less per student statewide, a number undisputed by any party in the most
recent school finance litigation.
Evidence from School Finance Litigation
Kansas Supreme Court Schedules Oral Arguments for
School Finance Litigation Oral arguments to address the adequacy of the state's school finance system have been set for September.
Professor Benjamin Superfine of the University of Illinois at Chicago
says school finance litigation has generally not succeeded in the federal courts after Rodriguez.
Most likely, civil rights lawyers were too wearied by the bussing controversies to think of new strategies, and many had become skeptical of integration altogether — hence the popularity
of school finance litigation.»
In too many places, public officials do not appreciate the stakes
in school finance litigation or erroneously believe that such litigation will hasten reform efforts.
Eric Hanushek talks with Education Next about the recent Supreme Court decision on school spending in Arizona, and considers the ruling's impact on
state school finance litigation.
The Kansas decision was refreshing, but it is not the end of
school finance litigation.
As John Dinan shows in «
School Finance Litigation: The Third Wave Recedes» in From Schoolhouse to Courthouse, state courts have grown increasingly weary, and wary, of being drawn into these political quagmires.
The focus on how much different school districts spend, in
school finance litigation and legislative deliberation, he added, «appears misguided.»
The third wave of
school finance litigation, instead of focusing on issues of equity, emphasize educational adequacy.
Now, said James E. Ryan, the dean of the Harvard Graduate School of Education and a former law professor who has written extensively on
school financing litigation, there is more consensus.
With
the school finance litigation having been resolved by a determination that the current system is minimally constitutional, we will be deploying our resources, energy and knowledge to persuade the next Legislature to do the right thing.