Friday, June 14, 2013

Case Study on State Takeovers of Schools in Financial Crisis

For those who missed it, I wanted to highlight a new article by Kristi L. Bowman, State Takeovers of School Districts and Related Litigation: Michigan as a Case Study, 45 Urb. Law 1 (Winter 2013). This article looks at government takeovers of school districts, using Michigan as a case study. In it, the author looks at:

[t]he question of the proper role of a state in school districts' fiscal crises is an
important one. Like Michigan, numerous states have been grappling with that same question--Indiana, Missouri, and Rhode Island, for example. Accordingly, learning about what has been happening in Michigan provides an exceptional opportunity for legislators, attorneys, academics, and advocates from across the country to reflect on how their own states should assist school districts in fiscal crisis, and when state intervention goes too far. Part I of this paper briefly discusses the various legal mechanisms for state intervention in school districts' and other municipalities' fiscal crises; it also analyzes Michigan's 1988, 1990, and 2011 takeover statutes and the litigation and other public opposition to those statutes. Part II focuses on four substantial shortcomings contained in Michigan's 2011 takeover statute, which was ultimately rescinded by Michigan voters.



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