ARTICLE: SCHOOL FINANCE ADEQUACY AS VERTICAL EQUITY Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1995 University of Michigan Law School
University of Michigan Journal of Law Reform

ARTICLE: SCHOOL FINANCE ADEQUACY AS VERTICAL EQUITY

Spring, 1995

28 U. Mich. J.L. Reform 493

Author

Julie K. Underwood *

Excerpt




 
In this Article, Dean Underwood explains that school finance cases can be divided into three waves of reform. The first wave involved efforts to use the Federal Equal Protection Clause to overturn financing systems. Litigants in the second wave turned to state equal protection and due process clauses. Finally, the third wave involved the utilization of education clauses in state constitutions as the predominant litigation vehicle. These three waves embody two primary approaches to school finance litigation. The first approach involves a challenge to the adequacy of a state's funding system under either the state or federal equal protection clause, the primary focus being equality in spending among districts. The second approach, which was used in school finance litigation during the third wave, is based on the education clauses in state constitutions. The argument in such a case is that the legislature has not fulfilled its obligation to provide an education. The theme in cases using the state education clause is adequacy from the perspective of "vertical equity," meaning that different students should be treated differently based on their special educational needs. More recent school finance cases have concentrated on this second approach and thus have shifted the focus from equal resources to an adequate education for all students. Dean Underwood concludes, however, that this approach still focuses on education inputs rather than on desired educational outcomes.


 


Introduction
 
Although the funding balances among federal, state, and local sources have shifted over the last thirty years, 1
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities