School Finance Litigation: The Promises and Limitations of the Third Wave

Roellke, Christopher; Green, Preston; Zielewski, Erica H.

doi:10.1207/s15327930pje7903_6

Cited by 10 publications

(5 citation statements)

References 10 publications

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“…The second factor relates to timing of the case which emerged during the second wave of litigation late 1970s. As Roelke et al (2004) observed in their national study of legal trends, second-wave courts were not prescriptive in their mandates out of deference to the legislative branch. In Horton (1977), the majority decision references the consideration given to both local control and judicial restraint by leaving the matter to political bodies to devise "ultimate solutions" (Note 1) Later, in the context of Horton (III) the court continued this approach by treading a middle ground in devising a three-part test making it more difficult for plaintiffs to demonstrate inequities while at the same time prompting the state legislature to return to the drawing board in devising a new equalization plan.…”

Section: Introductionmentioning

confidence: 94%

From Equity to Adequacy: Evolving Legal Theories in School Finance Litigation: The Case of Connecticut

DeNardis¹

2010

IJE

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Since the landmark school finance decision Serrano v. Priest (1971) ruled that California's reliance on the property tax to finance public schools violated equal protection provisions in state and federal constitutions, a wave of school finance litigation swept the United States. Connecticut followed with Horton v. Meskill (1977) and most recently with CCJEF v. Rell (2005). The Connecticut State Supreme Court has been a key actor in the policy making process concerning school finance reform in Connecticut. This study will trace the history of school finance litigation in Connecticut and the evolving legal theories used to undergird major court cases. The legal theories that have been developed in Connecticut school finance litigation cases over a thirty year time period have mirrored national trends evolving from the utilization of equity claims then turning to adequacy provisions based on state constitutions in an attempt to redress spending inequities. This study will argue that despite the increasing sophistication of legal strategies as well as a broadening coalition of participants and earlier favorable court rulings in sister states, the plaintiffs now face a less hospitable environment towards school finance reform making the outcome of this latest case uncertain. This study will examine the major legal theories advanced in Horton I (1977), Horton III (1985) and CCJEF v. Rell (2008) and conclude by offering some tentative explanations of the jurisprudence of school finance litigation by providing a closer examination of judicial-legislative dynamics and the prospects for reform in Connecticut.

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Section: Introductionmentioning

confidence: 94%

From Equity to Adequacy: Evolving Legal Theories in School Finance Litigation: The Case of Connecticut

DeNardis¹

2010

IJE

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“…Providing equal amounts of resources to individuals or groups with different needs would not satisfy commonly held notions of equity (Roellke, Green, & Zielewski, 2004). State officials typically create finance policy to modify existing discrepancies in the school system (Rice, 2004).…”

Section: Measuring Equitymentioning

confidence: 99%

Equity and efficiency of Minnesota educational expenditures with a focus on English learners, 2003-2011: A retrospective look in a time of accountability

Alexander

Jang

2017

EPAA

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Policymakers and practitioners often must balance distributing resources equitably and efficiently while being accountable for high student achievement. This paper focuses on these concepts as they relate to English learners and examines equity and efficiency in Minnesota’s educational funding from 2003 through 2011, the years spanning implementation of the No Child Left Behind Act and Minnesota’s waiver from its regulations. Equity refers to the distribution of resources in the achievement of established goals (Alexander, 2012); efficiency entails the attainment of those goals using fewer resources (Rolle, 2004). We measure equity by looking at three standard distribution measures: (1) McCloone Index; (2) Verstegen Index; and (3) Coefficient of Variation (Odden & Picus, 2008). We operationalize efficiency using data envelope analysis, thus getting at aspects of technical efficiency. We found that distribution of expenditures are increasingly uneven in the nine-year period examined. This inequality was largely driven by low-spending districts falling farther behind the median. Moreover, despite specific guidelines in its school finance formula that awarded additional resources for English learner populations, districts with higher portions of English learners have lower total and instructional expenditures per pupil, not higher. If more dollars are not available for EL programming, then doing more with less becomes paramount. Nevertheless, the efficiency of resource use was relatively constant over the years examined with efficiency in the use of education resources similar for English learners as it was for the population overall.

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“…Moreover, contentious school finance cases can take decades of court cases, appeals, and legal maneuvers, which limits the potential impact on actual school funding structures (Zielewski, Roellke, & Green, 2004). Abbott v. Burke , the New Jersey school finance litigation, provides an instructive example.…”

Section: Equal Educational Opportunity Litigationmentioning

confidence: 99%

“…Courts also have oversimplified, misinterpreted, and sometimes ignored social science evidence on the relationship between money and student learning opportunities and the efficacy of particular interventions such as preschool in the school finance litigation context (Superfine & Goddard, 2009). Moreover, contentious school finance cases can take decades of court cases, appeals, and legal maneuvers, which limits the potential impact on actual school funding structures (Zielewski, Roellke, & Green, 2004). Abbott v. Burke, the New Jersey school finance litigation, provides an instructive example.…”

Section: Equal Educational Opportunity Litigationmentioning

confidence: 99%

Interest Groups, the Courts, and Educational Equality

Superfine

Thompson

2016

American Educational Research Journal

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In Vergara v. California (2014), a trial-level court ruled that California laws governing teacher tenure and dismissal were unconstitutional. This study analyzes Vergara in light of the shifting use of the courts to promote equal educational opportunities and the changing power bases of educational interest groups, including educational advocacy groups and teacher unions. This study particularly uses policy regimes theory to analyze the relationship between political interests, ideas, and institutions and highlights how the case represents an inversion of how educational interest groups have traditionally used the courts as vehicles for effecting education reform. Grounded in this analysis, this study explores legal and policy implications for both courts and reformers acting in this new context. Downloaded from this convergence, including the institutional weakness of the courts to handle scientific evidence, the idea that deregulation can enhance teacher performance, how the legal underpinnings of the case have traditionally been used to leverage increased regulation toward equal educational opportunity, the relative changes in power bases of teacher unions and advocacy groups focused on deregulation, and how the courts interact with the political process more broadly to promote educational and social change. Viewed through this lens, the inversion of the historical and legal trends represented by Vergara potentially reflects the development of a new policy regime reconstituted from key elements of the old. Using an interdisciplinary approach that combines historical institutionalism and legal analysis, we examine the historical use of the courts to promote equal educational opportunity and the role of interest groups in this process; how Vergara realigns such institutions, interests, and ideas; and the education law and policy implications moving forward.

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School Finance Litigation: The Promises and Limitations of the Third Wave

Cited by 10 publications

References 10 publications

From Equity to Adequacy: Evolving Legal Theories in School Finance Litigation: The Case of Connecticut

From Equity to Adequacy: Evolving Legal Theories in School Finance Litigation: The Case of Connecticut

Equity and efficiency of Minnesota educational expenditures with a focus on English learners, 2003-2011: A retrospective look in a time of accountability

Interest Groups, the Courts, and Educational Equality

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