Published Articles & Media
Federal Courts Can’t Solve Our Education Ills
As a matter of constitutional law, Rodriguez was correctly decided.
Reconsidering the Supreme Court’s Rodriguez Decision
Is there a federal constitutional right to education?
Many Schools Are Still Inadequate, Now What?
Is court involvement in school spending essential to reform, or can we use education funding to drive reforms that promise better outcomes for students?
Court Mandates on School Funding Sharply Decline
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.
The Supreme Court Gets School Funding Right
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.