Thursday, March 13, 2014

School Finance Litigation Across Decades and the Health of Funding Systems

Christine Kiracofe's latest article, Serial and Second Generation School Finance Litigation: 2000-13, 299 Ed. Law Rep. 1 (2014), accomplishes what I have tried to encourage law students to do in seminar and law review articles for the past decade: assess the impact of school finance decisions by comparing the evolution of the precedent and student outcomes in individual states. Prof. Kiracofe's article focuses on two categories of school finance litigation: a) what she calls "serial" litigation, meaning "petitioners repeatedly return to court over a significant period of time … litigation in some of these cases is seemingly endless, and may result in little change … and even then perhaps only in small increments;" and b) "second generation" litigation, which means "plaintiffs secured a victory at court only to have circumstances change over subsequent years that once again render a system of funding public schools unconstitutional."

She then looks at how these states have fared on the Education Law Center's school funding fairness reports.  She finds that "[m]any of the states that have experienced second generation and/or serial litigation over the past ten years earn favorable marks on the Education Law Center's recent National Report Card study. While it is impossible to draw a direct correlation between state school finance litigation and funding system health using the National Report Card measure alone, this data is promising for funding change advocates who will undoubtedly be involved in the litigation process for a significant amount of time."

The article is interesting in its own right, but also provides a good starting point for students who may want to dig deeper in terms of their own state or region.

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