- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226706191
- eISBN:
- 9780226706184
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226706184.003.0006
- Subject:
- Law, Family Law
This chapter proposes a “successful-remedies model” that calls for courts to outline in general, principled terms the expectation that the legislative branch as well as the executive branch will ...
More
This chapter proposes a “successful-remedies model” that calls for courts to outline in general, principled terms the expectation that the legislative branch as well as the executive branch will develop challenging standards, fair and adequate funding systems, and effective programs and accountability measures. However, it leaves to the political branches the responsibility for formulating these policies, so long as they are well conceived and well implemented and promote student achievement. Since significant constitutional compliance cannot be achieved overnight, courts in most cases would need to maintain nominal jurisdiction over a multi-year period. However, actual interventions should be rare if expectations regarding the importance of ultimate outcomes and the limits of judicial intervention procedures are clearly spelled out in advance. Adoption of the proposed comparative institutional model as a framework for judicial remedies will allow the state courts, working effectively with the legislative and executive branches, to achieve lasting success in state education finance litigations.Less
This chapter proposes a “successful-remedies model” that calls for courts to outline in general, principled terms the expectation that the legislative branch as well as the executive branch will develop challenging standards, fair and adequate funding systems, and effective programs and accountability measures. However, it leaves to the political branches the responsibility for formulating these policies, so long as they are well conceived and well implemented and promote student achievement. Since significant constitutional compliance cannot be achieved overnight, courts in most cases would need to maintain nominal jurisdiction over a multi-year period. However, actual interventions should be rare if expectations regarding the importance of ultimate outcomes and the limits of judicial intervention procedures are clearly spelled out in advance. Adoption of the proposed comparative institutional model as a framework for judicial remedies will allow the state courts, working effectively with the legislative and executive branches, to achieve lasting success in state education finance litigations.
- Published in print:
- 2009
- Published Online:
- March 2013
- ISBN:
- 9780226706191
- eISBN:
- 9780226706184
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226706184.003.0004
- Subject:
- Law, Family Law
Plaintiffs' extraordinary winning record at the liability stage of the sound basic education cases is both an indication of the depth of the continuing denial of educational opportunities to most ...
More
Plaintiffs' extraordinary winning record at the liability stage of the sound basic education cases is both an indication of the depth of the continuing denial of educational opportunities to most low-income and minority students more than fifty years after Brown v. Board of Education, as well as a reflection of the continuing vigor of the United States' egalitarian tradition that still strongly seeks to overcome these inequities. Analyses of expenditure patterns in specific states show that litigation does result in a reduction in spending disparities and an increase in educational expenditures. Asserting that success must mean the promotion of educational equity that provides all students a sound basic education on a sustained basis, this chapter postulates that constitutional compliance means developing and implementing challenging academic and performance standards, adequate funding, and effective programs and accountability mechanisms, all of which should culminate in substantially improved student achievement.Less
Plaintiffs' extraordinary winning record at the liability stage of the sound basic education cases is both an indication of the depth of the continuing denial of educational opportunities to most low-income and minority students more than fifty years after Brown v. Board of Education, as well as a reflection of the continuing vigor of the United States' egalitarian tradition that still strongly seeks to overcome these inequities. Analyses of expenditure patterns in specific states show that litigation does result in a reduction in spending disparities and an increase in educational expenditures. Asserting that success must mean the promotion of educational equity that provides all students a sound basic education on a sustained basis, this chapter postulates that constitutional compliance means developing and implementing challenging academic and performance standards, adequate funding, and effective programs and accountability mechanisms, all of which should culminate in substantially improved student achievement.
