Sample Essay on:
Public School Funding And The Courts

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Essay / Research Paper Abstract

A 5 page paper. There have been hundreds of lawsuits brought against states alleging the state is not allocating school funding in a fair and equitable way. The writer reports and comments on a few of the major cases in this field of litigation. The paper ends with a report of a pending case. Bibliography lists 4 sources.

Page Count:

5 pages (~225 words per page)

File: ME12_PGscfct9.rtf

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Unformatted sample text from the term paper:

finance to a very large degree. Van Slyke, Tan, and Orland (1994) point out that by the 1970s, courts were making long-reaching rulings about school finance. The federal government pretty much stayed out of this arena until the 1950s but has been a major player since then (Hanushek and Lindseth 2009). The federal government is now involved in finance and curriculum. The fact is that neither our federal Constitution nor any States Constitution gives the judicial branch any authority in terms of school finance. They do, however, make rulings that directly impact funding. The Courts justify their interference based on Constitutional rights, e.g., equal education. For example, the Milliken II remedies in Detroit emerged from Court rulings regarding segregation, suburban schools had a mostly white population and inner-city schools had a predominantly black population (Hanushek and Lindseth 2009). Transportation for bussing students was an additional cost the district had to absorb and that affects fiscal resources. Bosworth (2001) noted that the crux of the matter is the debate about "equality of opportunity and local control of education" (p. 28). Of course, school districts and schools within those districts who have very little money do not have much to control. They cannot devise plans that would involve any amount of money because they do not have it. These schools and districts are severely limited in what they can do to provide a quality education for their students. Numerous lawsuits were filed in the 1960s that centered on education being fundamental right for every American (Bosworth 2001). Initially, cases were filed with the U.S. Supreme Court and were based on equality and equal protection under the Fourteenth Amendment (Bosworth, 2001). An early case was McInnis v. Shapiro in 1969 in Illinois. The plaintiffs case was rejected in the district court ...

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