The Early School Funding Litigation

This meaning that the poorer the people within the neighbor the poorer the school districts will be. Although this case shed some light, it failed under the federal Equal Protection analysis because education was not a “fundamental right” recognized by the Constitution and because the educationally disadvantaged poor did not constitute a “suspect classification.” The Court refused to overturn the school finance system on grounds of inequality. Equally notable, this case “virtually abdicated any role for the federal courts in guaranteeing educational rights under the Federal Constitution,” leaving future plaintiffs “to state courts and constitutions for the change they seek (www.schoolfunding.com).”

The gap between the nation’s best and worst public schools continues to grow. Our country is based on freedom and equality for all, yet in practice and in the spectrum of education this is rarely the case. We do not even have to step further than our own city and its public school system, which many media outlets have labeled “dysfunctional” and “in shambles.” At the same time, Montgomery County, located just northwest of the District in suburban Maryland, stands as one of the top school systems in the country. Within each of these systems, there are schools that excel and there are schools that consistently measure below average. Money alone can not erase this gap. While

The United States is a country based on equal opportunity; every citizen is to be given the same chance as another to succeed. This includes the government providing the opportunity of equal education to all children. All children are provided schools to attend. However, the quality of one school compared to another is undoubtedly unfair. Former teacher John Kozol, when being transferred to a new school, said, "The shock from going from one of the poorest schools to one of the wealthiest cannot be overstated (Kozol 2)." The education gap between higher and lower-income schools is obvious: therefore, the United States is making the effort to provide an equal education with questionable results.

Although the balance of power between the national government and the states has changed over the years, the federalist system is a fundamental part of the U.S. government (The White House, 2013). The states sponsor important programs to fund education, help troubled cities and provide social services. At the local level, the municipalities control a number of other services and regulations, but never fail to be in collaboration between the national, state and local governments. The constitution was put into place to support and defend the basic right of civilians of the United States (Marchant, 2003). Although the Constitution does not refer to education, operation and management of schools is made, particularly with respect to amendments to protect individual rights of students, faculty and staff. With these set laws into place to hold our country

“Shrinking state and local education budgets matched with the added pressure of the No Child Left Behind Act of 2001, which sets rigid standards in reading and math that schools must achieve in order to receive federal funding, have created a new challenge for districts” (Van Harken).

Starting in the 1960s as the turmoil surrounding Brown V. Board of education died down, parents and taxpayers began to bring lawsuits against state funding systems arguing that these systems violated either state or federal constitutions (Augenblick, Myers & Anderson, 1997). Thus far, federal claims have all failed. In 1973, the Supreme Court of the United States ruled on the San Antonio independent School

Texas should be educating students, not battling in court. Educational opportunity funding cases led to improvements in the state’s funding system. The funding system inequitable, inadequate, and unconstitutional. The people's representatives to this perpetual cycle of litigation.

Indirectly, or directly, one can argue, public schools are controlled by the federal and state governments. Several issues have emerged, because of the conflict between federal and state requirements for education. “Under the Tenth Amendment, any authority not given specifically to the federal government is reserved to the states. Thus, the federal government has no authority to regulate education directly; that belongs to the states” (Underwood, n. d., p. 2). To get around this, the federal government controls the schools through funds for complying with certain initiatives, procedures, and policies (Underwood, n. d.). Ironically, both the state and federal levels of government hold the district liable for implementing different agendas and legal obligations. The federal government, however, can ensure that no citizen is denied their rights or privileges, even in a private institution, because of the Bill of Rights and other amendments. Failure to comply by these amendments or statutes can lead to the loss of federal funding and legal reproductions for schools.

The American education system and its public institutions are slowly changing. What used to be a public institution is pushed to be a “publicly funded, but privately managed” system, also known as charter schools. The problem with charter schools development is due to the lack of enforcement is the results of insufficient measure of transparency and accountability. Due to the lack of oversight the public have over charter schools, this leads to many cases of fraud and abuse and no guarantee of academic advancement. Examples could be found in the lack of coherent data on the improvement of students performance, and case of fraud, both financially and academically, in many charter schools all over the nations. This overdue dispute raises concerning questions of what is the right and satisfying solution for the issue and how to guide state legislators and communities toward public accountability and transparency for charter schools.

For example, the Fourteenth Amendment of the U.S. Constitution’s equal protection clause was utilized in the form of the initial wave by plaintiffs with the intention of defying partial as well as inequitable state funding systems in its discriminatory view. Another wave had been by opponents asserted the unconstitutionality of inequitable financing systems from equality claims underneath equal protections clauses or provisions. The third wave of school finance litigation by plaintiffs ensured a certain level of adequacy must exist in state funding systems or it would therefore become unconstitutional based upon state constitutional clauses. Given these points, courts that had faced each wave went through a lot to pronounce they held the competency and legitimacy to effectively address multifaceted educational as well as financial questions in need of corrective

Public education in the United States is perhaps one of the most critical issues we face as a nation. Once pronouncing the United States as a “nation at risk”, the educational institution began to implement one reform strategy after another. In efforts to improve schooling for K-12 students, education reform has fiddled with class size, revised graduation requirements, and created standardized testing just to name a few. Unfortunately, traditional public schools are still failing to provide students with a quality education. This is disheartening as we learn that the United States lags behind in math and science compared to our international counterparts. It is safe to say that educational reform has spent billions of dollars over the

Results taken from the executive summary of the Education Law Center in New Jersey show that a small percentage of states who have funding systems put in place and provide greater funding to high poverty districts remain the most progressive states yearly. Whereas a larger percentage of states have funding systems where districts with higher poverty rates receive less funding, these states remain the most regressive. (School funding disparities persist, analysis shows).

Although these actions demonstrate that the federal government does play some role in the educational system, most school issues have always been settled at the state or local level.

With the Kentucky Supreme Court mandating that the General Assembly come up with a solution for the unconstitutional education system by

What are the roles of federal and state government when it comes to American education? The roles of education have evolved from historic liabilities to current liabilities. There are many laws and cases that have had an impact on American education that still has a strong influence on education today such as the debate between church and state, racial desegregation, and education finances. Other impacts as relevant are testing standards and special education programs that have arisen from influences of federal concerns. The purpose of this paper is to examine the historical and current roles that the federal and state government has on education. Other factors to include are individual cases