Published Articles & Media
Is there a federal constitutional right to education?
Since 2005, there have been important adequacy case decisions in over a dozen states, and in none of them have the courts required further funding increases. Several courts, when deciding new adequacy cases, have either dismissed them based on separation of powers grounds or have ruled against the plaintiffs on the merits following a trial.
One sleeper in the flurry of decisions at the end of the last U.S. Supreme Court term has to be the decision in Horne v. Flores, a long-running Arizona case about funding special programs for English Language Learners (ELL). In overturning lower court decisions calling for continued court-ordered school spending without regard to student outcomes, the Court may lead to a new era of more rational and effective court involvement in school funding policies.