Friday, March 18, 2016
The Southern Poverty Law Center issued this press release earlier this week:
Alabama's funding of public education gets mostly low marks in the recently released fifth edition of Is School Funding Fair? A National Report Card. The state's unfair distribution of funds and failure to fund at a level sufficient to support its public schools earns Alabama poor marks when compared to other states in its region, and beyond.
"If Alabama wants to ensure every child receives a quality education, it must adequately fund its schools," said Rhonda Brownstein, legal director of the Southern Poverty Law Center. "This report card confirms findings from an earlier report commissioned by the Alabama State Department of Education that clearly shows the state is failing its students -- particularly its most vulnerable students living in impoverished communities."
The National Report Card (NRC), issued annually by the Education Law Center (ELC) and Rutgers University, evaluates states on four separate, but interrelated, "fairness indicators" -- funding distribution, funding level, state fiscal "effort," and public school "coverage." The NRC provides the most in-depth analysis to date of state public education finance and school funding fairness.
Alabama receives an F in the important funding distribution indicator, which measures the extent to which a state's funding system is structured to recognize the additional resources required for students in a setting of concentrated student poverty. In Alabama, the pattern is actually regressive with higher poverty districts receiving, on average, only about 90 cents for each dollar their more well-to-do counterparts receive. Such a skewed funding system thwarts efforts to improve achievement and narrow achievement gaps.
Also, the state's overall funding level is well below average, ranking 38 out of 49, even though the National Report Card (NRC) adjusts for regional wages, economies of scale, and other factors. Alabama's average state and local revenue per pupil in 2013 was $7,670, over two thousand dollars below the national average of $9,766 per pupil.
On a brighter note, Alabama receives a B on its effort to invest in its schools. Effort is based on the percentage of the state's Gross Domestic Product (GDP) allocated to education. The state's funding system devotes a good share of its relatively low economic capacity to its public schools. Nonetheless, the state's effort dropped 14% after the 2008 great recession set in and has not recovered.
Finally, Alabama is below average on "coverage," which examines the share of school-aged children who attend public schools and compares the median household income of those children with the income levels of families who do not use public schools. While about 13% of Alabama school children attend nonpublic schools, the income disparity between public and nonpublic school households is high, with nonpublic households earning more than one and a half times the earnings of public school households, on average.
"This report provides policymakers, legislators, and concerned citizens with the information they need to assess their state's commitment to fair school funding and to advocate for improvements in the many states where that is absolutely necessary," said Dr. Bruce Baker of Rutgers University Graduate School of Education, a co-author of the National Report Card.
"The State's continuing failure to fairly fund public education deprives Alabama students of the teachers, support staff and other resources necessary for a high quality education," said David G. Sciarra, Executive Director of the Education Law Center and a co-author of the National Report Card. "We hope the NRC results will serve as a wake-up call for lawmakers to put school funding reform at the top of the education agenda."
First issued in 2010, the National Report Card is built on the principle that predictable, stable and equitable state systems of school funding are the essential precondition for the delivery of a quality educational opportunity. Without this foundation, efforts to improve the nation's schools will be less productive and unsustainable. To improve on the condition and performance of schools, states need to implement systems that provide sufficient funding that is fairly distributed to account for the needs of students, which are higher for low-income students, English language learners, and students with disabilities.
Is School Funding Fair? A National Report Card is coauthored by Dr. Bruce Baker of the Rutgers Graduate School of Education; David Sciarra, Esq., Executive Director of the Education Law Center (ELC); Dr. Danielle Farrie, ELC Research Director; and Theresa Luhm, Esq., ELC Managing Director. Please visit www.schoolfundingfairness.org for the complete report.
Thursday, March 17, 2016
Yesterday, the Education Law Center released the fifth edition of its national school funding fairness analysis (authored by Bruce Baker, Danielle Farrie, Theresa Luhm and David G. Sciarra). Two states jumped out at me in this report: North Carolina and Nevada. Last year, Nevada's unequal distribution of funding was eye-popping. Districts serving high need student populations were funded at less than half the level of districts serving wealthier students. This year, Nevada is still doing a poor job, ranking last in the nation in funding distribution, but significantly decreased the disparity. It now funds high need districts at 71% of their counterparts. North Carolina, likewise, was atrocious on several measures and still is this year on some, but the funding distribution in the state is looking much better. The state is now funding high need districts at 112% of low-poverty districts--not an excellent number but still a progressive one.
Maybe the most distressing data to me is the continuing low levels of fiscal effort being exerted to fund education. Based on the last year studied, only seven states increased their fiscal effort over the prior year (from 2012 to 2013). Only four state were exerting more effort than they were at the beginning of the recession. In other words, states are still in a hangover from the Recession. Tax revenues rebounded to pre-recession levels about three or four years ago, but states have not replenished education budgets. As I argue in Averting Educational Crises, the length and depth of this continuing hangover threatens the quality of education an entire generation of students will receive. Courts failure to intervene also threatens to undermine the constitutional right to education, which will jeopardize education for future generations as well.
The funding fairness report offers this summary of major findings:
- School funding levels continue to be characterized by wide disparities among states, ranging from a high of $17,331 per pupil in Alaska to a low of $5,746 in Idaho.
- Many of the lowest funded states, such as Arizona, California, Idaho, Nevada, North Carolina and Texas, allocate a very low percentage of their states’ economic capacity to fund public education.
- Fourteen states, including Nevada, North Dakota and Illinois, are regressive, providing less funding to school districts with higher concentrations of low‐income students.
- Only a handful of states ‐ Delaware, Massachusetts, Minnesota, New Jersey and Ohio ‐ have generally high funding levels and also provide significantly more funding to districts where student poverty is highest.
- Low rankings on school funding fairness correlate to poor state performance on key resource indicators, including less access to early childhood education, non‐ competitive wages for teachers, and higher teacher‐to‐pupil ratios.
Get the full report here.
This year the authors also issued a supplementary report that dug beneath the state level figures and identified the nation's most disadvantaged districts. That report includes these major findings:
- Almost 1.5 million children are educated in 47 disadvantaged school districts across 16 states.
- Reading and Allentown, PA face the nation’s most extreme disadvantage, with nearly 2.5 times area poverty rates and less than 80 percent of the average state and local revenue per pupil.
- Chicago and Philadelphia are, year after year, the two most fiscally disadvantaged large urban districts in the nation.
- Many of the most disadvantaged districts are in states with regressive funding systems, such as IL, PA and TX, but they also exist in states with both flat funding systems (CA) and more progressive funding systems, such as CO, MA and NC.
Get that report here.
Monday, March 14, 2016
Blog co-editor Derek Black (South Carolina) has posted an article on ssrn, Averting Educational Crisis (Washington Law Review, forthcoming). In the article, Prof. Black argues that judges' reluctance to intervene in education disputes, during and after the recession, has devalued the constitutional right to education around the country. From the abstract:
Two-thirds of states are funding education at a lower level today than they did in 2008. Some states are a full twenty percent or more below levels of just a few years earlier. The effect on schools has been dramatic. States have only exacerbated the problem by reducing teachers’ rights and benefits. These attacks on teachers, combined with funding decreases, have scared many prospective teachers away from the profession all together. The net result has been an extreme shortage of teachers nationwide. This past fall, large numbers of public schools opened without enough certified teachers to fill classrooms, relying instead on substitutes and interns on a full-time basis. In other instances, schools simply stopped offering certain classes. Decades of social science demonstrate these funding and teaching policies will have serious academic impacts on students. They will likely widen achievement gaps and impose learning deficits that some students will never overcome.
In the face of analogous threats, courts in the past have regularly intervened to protect educational quality and funding. Yet this time around, courts have almost uniformly refused to intervene and rarely offered a compelling reasoning for the refusal. This judicial passivism regarding education marks a troubling new trend. It suggests that the constitutional right to education may exist only in theory and that students are losing the constitutional leverage to demand that states repair the damage that they have caused. Likewise, nothing will prevent states from pursuing similar retractions again in the future.
This Article offers a doctrinal approach to reverse both educational retractions and judicial disengagement. Current trends, however, cannot be reversed without acknowledging the potential limits of judicial intervention during crisis. In particular, a serious crisis incites fear and political expediency, which can prompt legislatures to ignore court orders that purport to remedy the crisis. This disregard is inherently problematic for both education rights and the basic legitimacy of judicial authority, regardless of the subject matter. In this respect, the solution to the devaluation of education rights is also a step toward strengthening judicial authority. In education, courts must begin to incorporate prospective doctrines and rules that reduce the likelihood of judicial standoffs with legislatures. Simply put, future court orders should seek to avert crises by addressing them before they occur. This Article proposes three specific steps courts can take to achieve this end.
Washington Hasn't Implemented the Constitutional Mandate for Educational Adequacy, But Has No Problem Finding a Charter School Fix
In 2012, the Washington Supreme Court declared the state's school funding system constitutionally inadequate. Since then, the state has be slow to act--slow enough that the Court imposed heft daily fines this summers until the state implements a plan. A week and a half ago, the state finally passed legislation, although some point out that it is no more than a promise to come up with a solution in the next legislation session. The real irony, however, came late last week when the state passed a new charter school bill.
The past September, the Washington Supreme Court struck down the state charter law, reasoning that the statute violated the constitutional mandate for a “a general and uniform system of public schools” and that it diverted funds that the constitution reserves for common schools to other schools. In other words, the state was directing common school funds to schools that are not common. While the state has drug its feet for four years on a fix for traditional public schools, it only took six months to pass a fix for charter schools--a fix that had already failed once. Daarel Burnette at Edweek reports,
A bill championed by advocates to revive the [charter school] law was passed by the Republican-controlled Senate in January, but had stalled in the House education committee before Rep. Larry Springer, a Democrat, used a procedural maneuver to resuscitate the bill and bring it to the House floor for a vote on Wednesday.
Democrats control the House, but barely. And the effort to restore the law has met resistance from several groups, including the state's teachers' unions.
Thursday, March 10, 2016
Disdainful of Its Constitutional Duty to Deliver Equal and Adequate Education, Kansas Lawmakers Flirt with Autocratic Rule
Yesterday, LaJuana Davis posted on proposed legislation in Kansas that would expand the grounds for impeaching justices of the Kansas Supreme Court. The new ground for impeachment would be usurping the power of the legislature or executive. Such a threat to the Kansas Supreme Court is not new and comes in response to the court's firm stance on the state's obligations under the education clause of the Kansas constitution. Last year, the legislature threatened to change the judicial appointment process and shrink the judiciary's budget, which got national attention as a threat to separation of powers.
Last year's legislative efforts were arguably within the bounds of acceptable policy, as the judiciary's budget does fall within the legislature's jurisdiction, as do some procedures for appointment. It is legislative intent, more than anything, that raises the biggest separation of powers concern. To add this new ground for impeachment, however, is both a practical and ideological subversion of the rule of law and an independent judiciary.
Friday, March 4, 2016
New York Appleseed has released a new report New York City Elementary Schools: A Tale of Two Cities. The report finds that predominantly poor and minority elementary schools treated far differently than predominantly middle-income white schools. "This is particularly true when comparing the level of teacher experience and qualifications in each location." Cassie Schwerner, a member of the board of directors for New York Appleseed, says the report "completes a devastating body of evidence condemning our failure to prioritize reducing school segregation in New York City.” The report's major findings are as follows:
Thursday, March 3, 2016
Washington Finally Responds to Court Order to Remedy Inadequate School Fund; State Superintendent Believes It Is Window-dressing
Earlier this week, the state of Washington finally took its first step to implement the school funding remedy first mandated in McCleary v. Washington in 2012. According to local news:
[t]he measure would establish a task force to find the state dollars needed to replace some local levy spending and instructs the 2017 Legislature to finish the work. It also instructs the task force to make recommendations on teacher pay and asks for clarification on how local levies are being used today. The measure directs the task force to determine whether more legislation is needed to ensure all-day kindergarten and lower K-3 class sizes are possible in every elementary school in the state.
As discussed here over the past couple of years, the Washington Supreme Court has been steadfast in demanding that the state develop a concrete and long term plan to address inadequate funding in schools, but the legislature has repeatedly ignored the court. This past summer, the court, growing tired of having its orders ignored, issued a new one holding the state in contempt and fining it $100,000 a day until it acted.
Governor Jay Inslee believes that this new legislation will satisfy the court for the time being, as it shows "a significant recognition by the Legislature that they need to act and have a full intention to act." He added, "This wasn't easy. The Legislators worked hard on this for months. . .The next step before us is arguably the most complex and I'm confident the Legislature is up to the task."
Others, including the state superintendent of education Rand Dorn, are far more skeptical. He says the bill is just an attempt to "punt" the issue further down the road. On its face, the bill suggests the legislature is doing something, but in reality, it really does no more than say the next legislature should do something. In the meantime, it does nothing to help currently underfunded and unequal schools--the very problem that generated the litigation to begin with. Dorn says he does not "think the court will buy it."
Wednesday, March 2, 2016
Pennsylvania Appellate Court Affirms School Districts' Authority to Raise Revenue by Reassessing Property Values
Monday, February 22, 2016
Mississippi's chairman of the House Committee on Education, John Moore, has renewed his bill to place limits on teacher's activities while at school. Some call the bill a directive for teachers to "shut up" or to "muzzle teachers." Given the larger context of education budget battles over the past year or two in the state and teachers' role in it, the bill may be aimed at tamping down political activity among teachers while at school. A local reporter offers this summary of the bill:
[The bill levels] $10,000 fines and revok[es] teacher licenses. But without any provision for who can file a complaint, or to whom, it appears the education chairman's bill is reactionary and not well thought out. Snowden's bill, while similar, is not as toxic and is more measured. It only has fines of $100 for the first offense and $250 for each further offense, to be investigated by the secretary of state's office. Complaints can be filed by "any state or federal oversight, enforcement or regulatory governmental entity," which includes those poor, harassed legislators.
In the past year, two different school funding lawsuits have been filed against the state of Tennessee--one out of Memphis and another in Nashville. Last week, the trial court in the Nashville denied the state's motion to dismiss, permitting the lawsuit to move forward. Interestingly, the judge denied plaintiffs' class-certification request. Without an opinion, it is hard to infer what exactly is going on. But the denial highlights several important issues.
Given the relatively small number of districts in the state, class-certification is not necessary as a general matter. From that perspective, the denial is not remarkable. In most school funding lawsuits, cases proceed with interested districts affirmatively agreeing to join a coalition to bring the suit. In Georgia, for instance, a consortium spent a year or two simply organizing school districts to come together to bring a lawsuit. By the time they filed suit, they had garnered a substantial portion of Georgia's districts as coalition members. In Tennessee, however, only five districts--all located in Nashville's metropolitan area--joined together to bring this instant suit in Hamilton County. Yet, there is no reason to believe that the issues they raise are related solely to their region. Thus, the narrow coalition is somewhat aberrational. Perhaps, plaintiffs thought class certification could do the heavily lifting of organization for them. With a "forced" or de facto coalition through certification, actively recruiting others will be crucial.
Wednesday, February 17, 2016
The national shortage of teachers reported by the New York Times last fall has only gotten worse. Based on recent news reports, Clark County, Nevada--the nation's fifth largest district--may be suffering the worst. Ironically, at the same time that the schools are suffering for money and teachers, the state is dumping money into vouchers. David Sciarra offers this critique in the Las Vegas Review-Journal:
Aggressive [teacher] recruitment has had some success. Yet low pay, poor working conditions and rising enrollments make it difficult to attract and retain effective teachers. Thousands of students are in classrooms lacking a properly licensed teacher.
The teacher shortage is just one of the challenges the district faces as it struggles to provide quality education to 320,000 students.
It's no secret that many Clark County schools are over-capacity. Buildings need repair and system upgrades. Bilingual and special education services are lacking. Quality preschool, extended learning time and help for at-risk students are in short supply.
It's also no secret that the way Nevada funds public education is outmoded and inadequate. In the Education Law Center's "National Report Card, Is School Funding Fair?" Nevada consistently ranks in the bottom 10 states on funding level and receives an F for failing to fund the needs of poor children. Nevada also gets an F on investing in education, despite an improving economy.
Tuesday, February 16, 2016
Harvard brought together various professors from its different colleges and departments to talk about their research on social and economic inequality. The conclusion spanning the various disciplines was that educational inequality is at the center of the problem of inequality in general. Ronald Ferguson, for instance, explained:
Education may be the key to solving broader American inequality, but we have to solve educational inequality first. Ferguson says there is progress being made, there are encouraging examples to emulate, that an early start is critical, and that a lot of hard work lies ahead. But he also says, "There's nothing more important we can do."
"The position of U.S. black students is truly alarming," wrote Fryer, the Henry Lee Professor of Economics, who used the OECD rankings as a metaphor for minority standing educationally. "If they were to be considered a country, they would rank just below Mexico in last place."
He and others point out that enormous strides in closing education gaps occurred between 1970 and 1990, but then the nation hit a plateau and has been stuck ever since. The effects of this plateau reverberate in various life opportunities. The explanation for the plateau is, in large part, the nation's backtracking on segregation and inequality. The trend, however, can be reversed. Roland Fryer, an economist at Harvard,
Friday, February 12, 2016
Kansas Supreme Court Distinguishes Itself by Once Again Declaring the State's Funding System Unconstitutional
Yesterday, the Kansas Supreme Court in Gannon v. Kansas once again struck down the state's school funding practices. The Kansas Supreme Court has declared the state's various permutations of a school funding formulas unconstitutional so many times in the past five or six years that I am not even going to attempt to count them up here. It suffices to say that the Kansas Supreme Court has held strong in the face of a recalcitrant legislature and outright hostile government, even during the darkest hours of the recession. The legislative branch, however, dismayed by orders to comply with the constitution, has gone so far as to threaten the judiciary itself, indicating that it would reduce its budget and change the appointment process for judges. Many, including the Education Law Center and the New York Times, saw those as direct attempts to scare the Supreme Court away from school funding issues and to threaten the most basic principles of separation of powers. The legislature's gamble, moreover, stood a good chance of success. School funding historians remember all to well the removal by popular vote of supreme court justices in Alabama and Ohio after they ruled in favor of plaintiffs in their respective states.
Surely, the Kansas Supreme Court knows these and other stories and did not take its own legislature's threat as idle. That is what makes this decision so uniquely important, not just to Kansas, but to the future of school finance. The Kansas Supreme Court's willingness to stand up, time and time again, for the constitution under such extreme circumstances may only be matched by the New Jersey Supreme Court, which for more than three decades has called its legislature to action. Yet, Kansas Supreme Court may be even more courageous, as New Jersey's politics are far more favorable. In a few weeks, I will be posting a law review article that digs deeper into the troubling national trends in school finance litigation over the past decade. For now, an excerpt from the Kansas Supreme Court is in order:
Wednesday, February 10, 2016
The Network for Public Education (NPE) has published a report called Valuing Public Education: 50 State Report Card. From the introduction:
The Report Card looks at whether a state's current policies and laws---in six key areas---make public schools stronger or undermine them. This approach stands in opposition to reports released by conservative political organizations like the American Legislative Exchange Council (ALEC), which generally applaud states for privatizing public education.
The Report Card measures the policies of each State and the District of Columbia on:
- School Finance
- Spending Taxpayer Resources Wisely
- Professionalization of Teaching
- No High Stakes Testing
- Resistance to Privatization
- Student Chance of Success
The school finance portion of the report relies on information in "Is School Funding Fair? A National Report Card," by Bruce Baker, David Sciarra, and Danielle Farrie.
Tuesday, February 2, 2016
Monday, January 25, 2016
Plaintiffs in East Ramapo, New York, have brought a unique claim against New York's Education Department. They allege that it is liable for the local school board's mismanagement of the school district. They argue that the school board is being driven by board members who send their children to private schools and do not have the public schools' interests at heart. Plaintiffs rely on a number of recent third-party investigations and reports that document the school board's "fiscal mismanagement, misuse of funding and resources, and favoritism toward private school students," which have caused an inadequate and unqualified supply of teachers, denials of basic services for special needs students and English Language Learners, denials of access to music and art, and a shortage of equipment and supplies. This mismanagement, they argue, deprives students' of the constitutional right to a sound basic education in the state.
This claim is analogous to a theory I forwarded here, arguing that local student assignment practices deprived students of their constitutional education rights and warranted legal action again the district. The point was that many of the legal duties imposed on the state in school finance litigation also extend to the local district, assuming that the local district's actions are the cause of an educational deprivation. The twist this new lawsuit includes is that, because the ultimate duty to ensure a constitutional education rests with the state, it is still the state that is obligated to step in and rectify local violations. Thus, rather than asking a court to force the local board to rectify the violations, it asks that the court order to the state to intervene in the district. This is a case to watch. It is being litigated by the Education Law Center and O’Melveny & Myers, so it is sure to be well-handled.
Friday, January 22, 2016
For those who missed it, Charles J. Ogletree and Kimberly Jenkins Robinson's edited volume, The Enduring Legacy of Rodriguez Creating New Pathways to Equal Educational Opportunity, is now out. The book examines the long-term impacts of the Supreme Court's refusal to recognize education as a fundamental right in San Antonio Independent School District v. Rodriguez, detailing the extent of today's inequalities and connecting them to funding and segregation. It also poses important questions like whether funding equality alone would have been enough to ensure equal educational opportunity and whether state based reforms have filled the gap created by Rodriguez. The book closes with four chapters theorizing how the federal role in education today might be leveraged to address many of the lingering problems of Rodriguez.
In addition to chapters by the book's editors, it includes chapters by today's leading education and education law scholars: David Hinojosa, Camille Walsh, Michael Rebell, Amy Stuart Wells, David Sciarra, William Koski, Mildred Robinson, Genevieve Siegel-Hawley, Derek Black, and Erwin Chemerinsky. The book is a must read for those looking for a holistic update and overview of the status of school funding and the federal role in education. It could also easily serve as a major text for classes dealing with educational inequality. While focusing on one overall subject, it approaches a diverse array of issues from different perspectives that could easily carry a couple weeks of class.
Thursday, January 21, 2016
In 2014, South Carolina spent roughly $3.77 billion on elementary and secondary education. This figure also includes federal funding. The governor's proposal to add $300 million to education a comes out to roughly an 8% increase in education spending. As noted yesterday, that is still about $520 million below fully funding the state's existing finance formula. The funding formula critique, however, offers little frame of reference to most. The Center for Budget and Policy Priorities, however, has been doing a great job of tracking education expenditures over the past decade. Their most recent report shows that education spending in South Carolina is still 10.4% below its pre-recession levels in 2008. Based on that number, the current proposed increase would not even get the state back to where it was before the recession. And to be absolutely clear, it was the underfunded and inadequate system prior to the recession that generated this litigation in the first instance. In other words, the current budget increase, while important, would not appear to even get us back to our prior level of inadequacy.
To be fair, South Carolina, unlike most states, is exerting a relatively decent amount of effort to fund education. Bruce Baker et al.'s most recent Funding Fairness Report Card indicates that South Carolina ranks 7th in terms of funding effort, which the report concludes is an "A" in normative terms. Also, to South Carolina's credit, it does not have a regressive funding system that funds wealthy districts more than needy districts. Its funding formula is roughly flat across districts. The problem is that the districts that brought Abbeville v. State need far more than flat funding. They need weighted funding that provides disadvantaged students 30% or more per pupil than the average student. Thus, in normative terms, Baker's report rates South Carolina's funding distribution as a "C." While Governor Haley does propose setting aside new funds for these needy districts, it is not a reworking of the formula itself, nor does it appear to be enough to give these students the boost they need. My guess is that, even with these funds, South Carolina will come in at a "C" next year or narrowly make it into the "B-" range.
Wednesday, January 20, 2016
Late last month, the South Carolina legislature's task force on education reform released its recommendations. The task force was formed by the Speaker of the House in response to the Supreme Court's finding that the state had failed to deliver a minimally adequate education as required by the state constitution. The task force's job was to identify the causes of the state's educational inadequacies and propose solutions. Its findings and proposals included:
- creating a teacher, principal, and superintendent pipeline before the current shortage becomes critical.
- setting goals for school leaders and metrics for measuring progress toward those goals, which includes all students reading at grade level by 3rd grade, individualized graduation plans for all 9th graders, and college and career readiness by the end of the 12th grade
- intensive, immediate, and differentiated assistance for school districts labeled as "at-risk" or "below average"
- efficiency and effectiveness studies of "at-risk" or "below average" districts
- developing more expertise in Department of Education to assist local districts
- increasing funding for districts with extreme poverty (a .30 growth in the current poverty weighting), with increased accountability for that funding
- creating an infrastructure bank
- in districts where students spend long periods on the bus, instituting technology on the buses to allow students to use that time productively.
This year the state is projected to bring in over a billion dollars in additional tax revenues. Last week, Governor Haley proposed allocating $300 million of those new revenues to education. Over half of those education funds would go toward increasing the "base student cost" by $80. Unfortunately, that amount would still leave the state well short of fully funding its 1977 formula adjusted annually for inflation. According to SCnow, fully funding the formula would cost $520 million more than Haley is proposing. The rest of her education proposal includes $20 million for leasing or buying new school buses, $13.5 million for attracting and retaining teachers in impoverished districts, $29 million for technology, and $11 million in targeted technology spending in poor schools.
Get the House's full report here.
Friday, January 15, 2016
Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it have not always appreciated its distinctive forms and function.
Deconstructed, the right to education held by children has been formulated doctrinally as both a claim-right, imposing affirmative duties on the state to act, and an immunity, disabling certain state action. These two strands — oft-manifested as the claim-right to educational “adequacy” and an immunity entailing “equality” of educational opportunity — once considered irreconcilable are actually interlocked by the right’s core, historical function to protect children’s liberty and equality interests.
And yet the right to education is ill-equipped to fulfill its protection function. Education clauses in state constitutions do not fix the standards for mutually enforcing equality and adequacy. This encumbers already-reluctant courts in addressing educational disparities and emboldens legislative resistance when they do. Appreciating that the right to education has a protection function entailing equality and liberty interests nevertheless suggests that it can be adjudicated in a way that unifies the demands and guarantees of substantive due process and equal protection. That union holds the potential to ameliorate the enforcement standards thereby reconstituting the right to education as a mainstay of reform.