University of Virginia Legal Working Paper Series
University of Virginia Public Law and Legal Theory Working Paper Series
The Future of School Finance Litigation
Abstract
Just about everyone who writes on the topic agrees that school finance litigation, going forward, will be inextricably linked with the standards and testing movement. The basic idea is that state constitutions can and should be read to protect the right to an adequate education. Academic standards, in turn, define what counts as an adequate education. This leaves to courts in school finance cases the task of determining if schools have sufficient resources to meet the standards -- and thus provide an adequate education. Linking school finance litigation to standards and testing, so everyone also seems to agree, will benefit school finance plaintiffs.
This Article explains why the conventional wisdom is wrong not just once, but twice. It is inaccurate as a matter of description, and it is wrong-headed as a matter of prescription. Courts have not yet relied on standards to define an adequate education, and it will hurt school finance plaintiffs if and when they do. A close reading of the cases indicates why, and studying the actual cases also indicates a more fruitful direction for litigants and courts to follow. As the Article argues, litigants and courts should focus on the principle of comparability of resources, which is already implicit in many cases, as the touchstone for determining whether students are receiving an adequate education.
Subject Area
Public Law and Legal Theory
Recommended Citation
James E. Ryan,
"The Future of School Finance Litigation"
(October 2007).
University of Virginia Legal Working Paper Series.
University of Virginia Public Law and Legal Theory Working Paper Series.
Working Paper 80.
http://law.bepress.com/uvalwps/uva_publiclaw/art80
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