School Law Links
Ch.7 School
Finance and School Choice Issues
Serrano v. Priest (1971) California
·
Fiscal Neutrality - Education based on the
“wealth” of the state not on the district
·
State has the ultimate responsibility for financing
education
·
States can provide more rights for citizens, but can’t
take rights away
San
Antonio Independent School District v. Rodriguez (1973) U.S.
·
Opposite of Serrano v. Priest
·
Initiated by Mexican-American parents who are poor and
reside in school districts having a low property tax base.
·
Court held funding of public schools are matters reserved
for the state legislation and enforced by state courts.
Rose v. Council for Better Education (1989) Kentucky
·
Ordered school finance reform
·
Large variances in taxable property per student in the
districts.
·
Under-funding was confirmed by the poor ranking of
Kentucky students nationally
·
Court found entire education funding system was
unconstitutional and concluded state legislature provide adequate funding
Zelman
v. Simmons-Harris (2002) U.S.
·
Opened door for voucher movement
·
Vouchers do not violate the Establishment Clause
·
The Ohio case is neutral with respect to religion