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Author: Jeffrey Sutton Publisher: ISBN: Category : Languages : en Pages : 24
Book Description
In Brown v. Board of Education, the Supreme Court observed that "education is perhaps the most important function of state and local governments" and held that it was a public service that "must be made available to all on equal terms." While Brown removed one obvious barrier to equal educational opportunities, it left in place another: the obstacle faced by poor school districts that wish to provide an education to their students "on equal terms" relative to the education offered by wealthier school districts within a State. Nineteen years after Brown, the Court decided another equal-protection case, San Antonio Independent School District v. Rodriguez, which gave the Court an opportunity to remove, or at least ameliorate, wealth-based barriers to equal educational opportunities as well. But the Court rejected the plaintiffs' claims. This Essay explains what happened in Rodriguez, describes what happened in the States in the thirty-five years after Rodriguez and raises some questions prompted by the experience.
Author: Jeffrey Sutton Publisher: ISBN: Category : Languages : en Pages : 24
Book Description
In Brown v. Board of Education, the Supreme Court observed that "education is perhaps the most important function of state and local governments" and held that it was a public service that "must be made available to all on equal terms." While Brown removed one obvious barrier to equal educational opportunities, it left in place another: the obstacle faced by poor school districts that wish to provide an education to their students "on equal terms" relative to the education offered by wealthier school districts within a State. Nineteen years after Brown, the Court decided another equal-protection case, San Antonio Independent School District v. Rodriguez, which gave the Court an opportunity to remove, or at least ameliorate, wealth-based barriers to equal educational opportunities as well. But the Court rejected the plaintiffs' claims. This Essay explains what happened in Rodriguez, describes what happened in the States in the thirty-five years after Rodriguez and raises some questions prompted by the experience.
Author: Paul A. Sracic Publisher: ISBN: Category : Education Languages : en Pages : 196
Book Description
An in-depth study of school financing examined through the closely decided Supreme Court case that overturned a ruling that found Texas's system for financing its public schools was unconstitutional, signaling the end of an era in the pursuit of equal education for all American citizens.
Author: Charles J. Ogletree Publisher: ISBN: 9781612508313 Category : Education Languages : en Pages : 0
Book Description
In The Enduring Legacy of Rodriguez, leading legal and educational scholars examine San Antonio Independent School District v. Rodriguez (1973), the landmark US Supreme Court decision that held that the Constitution does not guarantee equality of educational opportunity. This ambitious volume assesses the history of the decision and presents a variety of creative strategies to address the pernicious effects of inequality on student learning and achievement. "Ogletree, Robinson, and their expert cowriters offer hope that this decision can be reversed or that other ways can be found to counter its ill effects. This book is a thoughtful and overdue contribution to improving schools." --Jack Jennings, author, Presidents, Congress, and the Public Schools "There is an enduring tradition in this nation of relentless legal scholars who stand as champions for educational equity. This important volume follows in that tradition, deftly charting the future of educational opportunity." --Ronald F. Ferguson, faculty cochair and director, The Achievement Gap Initiative, Harvard University "Ogletree and Robinson remind us that equalizing educational opportunity in the United States is going to require fundamental changes in law and policy from many directions, from how we allocate our financial resources to rethinking our housing policies. Their book makes a very important contribution toward broadening the conversation we're having around reforming education." --Wendy Kopp, cofounder and CEO, Teach For All "The Supreme Court's effective abdication of any role in securing equal educational opportunity requires us to continue to grapple with the past, present, and future effects of the Rodriguez decision, and the essays here make essential contributions to that endeavor." --Thomas A. Saenz, president and general counsel, Mexican American Legal Defense and Educational Fund Charles J. Ogletree, Jr., is the Jesse Climenko Professor of Law and founding and executive director of the Charles Hamilton Houston Institute for Race and Justice at Harvard Law School. Kimberly Jenkins Robinson is a professor at the University of Richmond School of Law and a researcher at the Charles Hamilton Houston Institute for Race and Justice. James E. Ryan is the dean and Charles William Eliot Professor of Education at the Harvard Graduate School of Education.
Author: José Angel Cárdenas Publisher: Intercultural Development Research Association (Idra) ISBN: Category : Education Languages : en Pages : 420
Book Description
A master story-teller, Dr. Jose A. Cardenas, offers us an insider's view of the 28-year history of school finance in Texas. Dr. Cardenas is the founder & director emeritus of IDRA & is the only person who has been actively involved in the entire school finance reform effort since the early days of the RODRIGUEZ VS. SAN ANTONIO ISD litigation when he was superintendent of the Edgewood Independent School District. More than a history, this book provides a blueprint for persons interested in bringing about future reform in schools & other social institutions. Beginning with a description of the Texas system in 1950, the account covers court cases, legislation, & advocacy efforts & concludes with the status & future of school finance reform. Personal vignettes sprinkled throughout offer glimpses of those special untold moments that impacted history. Much of this volume - including the myths of school finance & lessons learned - relate to reform efforts in other states as well. Dr. James A. Kelly, president of the National Board of Professional Teaching Standards, provides a foreword, "Fighting the Good Fight," describing Dr. Cardenas as a trailblazer & pioneer. (ISBN 1-878550-63-2; 1997; 387 pages; hardback) Distributed exclusively by the Intercultural Development Research Association (IDRA); 210-684-8180; FAX: 210-684-5389; E-mail: [email protected]; URL: www.idra.org.
Author: National Research Council Publisher: National Academies Press ISBN: 0309173957 Category : Education Languages : en Pages : 328
Book Description
Spending on K-12 education across the United States and across local school districts has long been characterized by great disparitiesâ€"disparities that reflect differences in property wealth and tax rates. For more than a quarter-century, reformers have attempted to reduce these differences through court challenges and legislative action. As part of a broad study of education finance, the committee commissioned eight papers examining the history and consequences of school finance reform undertaken in the name of equity and adequacy. This thought-provoking, timely collection of papers explores such topics as: What do the terms "equity" and "adequacy" in school finance really mean? How are these terms relevant to the politics and litigation of school finance reform? What is the impact of court-ordered school finance reform on spending disparities? How do school districts use money from finance reform? What policy options are available to states facing new challenges from court decisions mandating adequacy in school finance? When measuring adequacy, how do you consider differences in student needs and regional costs?
Author: Justin Driver Publisher: Vintage ISBN: 0525566961 Category : Law Languages : en Pages : 578
Book Description
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Author: Kimberly Jenkins Robinson Publisher: NYU Press ISBN: 1479825891 Category : Law Languages : en Pages : 390
Book Description
How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Author: Lawrence E. Walsh Publisher: ISBN: Category : Discrimination in education Languages : en Pages :
Book Description
This suit attacking the Texas system of financing public education was initiated by Mexican-American parents whose children attend the elementary and secondary schools in the Edgewood Independent School District, an urban school district in San Antonio, Texas. They brought a class action on behalf of school children throughout the State who are members of minority groups or who are poor and reside in school districts having a low property tax base. Named as defendants were the State Board of Education, the Commissioner of Education, the State Attorney General, and the Bexar County (San Antonio) Board of Trustees. The complaint was filed in the summer of 1968, and a three-judge court was impaneled in January, 1969. In December, 1971, the panel rendered its judgment in a per curiam opinion holding the Texas school finance system unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. The State appealed, and we noted probable jurisdiction to consider the far-reaching constitutional questions presented. 406 U.S. 966 (1972). For the reasons stated in this opinion, we reverse the decision of the District Court.
Author: William M. Wiecek Publisher: Oxford University Press ISBN: 0197654436 Category : History Languages : en Pages : 551
Book Description
The Dark Past offers a historical overview and interpretive guide to all the major cases decided by US Supreme Court that have affected the freedom and rights of Black Americans since 1800. It lends coherence to what could otherwise be a disjointed chronicle of cases and connects the events of the past to the current era of racial inequality.