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Partnerships Between Litigators and Organizers Prove Essential to School Reform

This year’s conference welcomed participants involved in litigation, grassroots organizing, and policymaking. Several speakers emphasized the essential need for cooperation between litigators seeking adequate educational opportunity, organizers working towards similar goals, and advocates pushing to motivate legislators to implement judicial victories. Sessions at the conference addressed all of these aspects of the education reform process.

A highlight of the conference was Justice Gary Stein’s luncheon address. The retired New Jersey Supreme Court judge, who was on the bench throughout much of New Jersey’s long-running Abbott school funding adequacy lawsuit, inspired participants with a detailed history of New Jersey’s battle over school finance from the court’s perspective. Justice Stein shared the court’s strong awareness of the separation of powers issues that have come to dominate some debates over adequacy litigation, with many claiming that courts have overstepped the bounds of their power by ordering legislatures to correct unconstitutional funding systems. However, Justice Stein praised the court’s “courageous Chief Justice,” and explained that the record in the case was so “devastating,” that facilities in the state were so “grim,” as to present an “inexcusable inequality” that moved the justices to action. Justice Stein also discussed New Jersey’s remedy, which includes a guarantee that New Jersey urban school districts (the Abbott districts) will be funded at levels equal to wealthy suburban districts. Justice Stein stated that “money may not be a cure, but it can be a help, which the students are constitutionally entitled to,” concluding that all student deserve the same access to educational opportunity. He concluded by reminding the audience that the job is not over with a judicial victory, for even “after you get your decision, you're going to have to stand guard.”

This year’s Litigators’ Workshop boasted continued strong attendance from litigators representing plaintiffs in all stages of adequacy litigations in many states across the country. Experienced litigators from several states shared lessons from their litigations, with participants frequently jumping in to add supporting information, caveats, and questions to the session. With participation from lawyers in current, former, and soon-to-be active cases, the session, originally the very reason for the annual Access conferences, was once again a popular opportunity for discussion and networking.

Many of the states represented in the Litigators’ Workshop were also represented by advocates and organizers in other sessions. Cynthia Guyer, executive director of the Portland Schools Foundation, opened the “Holding Public Officials Accountable” session by telling her organization’s story as a case study for how groups can get civic and political will behind campaigns and strategies. Her organization put school finance as a public policy matter on the state’s agenda in 1996 through rallies and raised $11 million to buy back teachers for the 1 year they were laid off. An adequacy lawsuit was filed in the state three months ago.

Dorothy Singleton, lead organizer for Advocates for Community and Rural Education (ACRE) in Arkansas, described the 20-year battle for school funding in predominantly-black Lakeview, Arkansas. Although Lakeview won its case in court, Singleton explained how political and racial issues have created controversy over the amount of money to be distributed and the method of distribution. ACRE and other organizations have formed a coalition on education, which has put together a 10-point plan for demanding quality education in Arkansas and is communicating regularly withing legislators to hold them accountable. An Arkansas superintendent, Dale Query, also spoke about this coalition and the strength with which the state’s superintendents’ organization speaks for education in Arkansas

Community organizing around New York state was the subject for Billy Easton, executive director of the Alliance for Quality Education. To increase awareness and momentum, Easton suggested that organizers coordinate simultaneous events in different cities across their state and focus lobbying efforts on key legislators.

The voices of young advocates were heard during a session on “Engaging Youth in Reform.” Jessica Bynoe, director of the Youth Innovation Fund at the W.K. Kellogg Foundation, described the eight Youth Innovation Funds across the country, which partner service learning and youth philanthropy. Unlike other opportunities for young people to contribute to civic life, these Funds allow youth to lead civic action directed at root causes of local issues for sustainable change.

Robert Jackson, a high school senior and Youth Innovation Board intern in Nashville, Tennessee, described his work with campaigns on youth philanthropy, organizing, and media. He reminded the audience that “we need youth at the table to create reform – we know what schools are like day-to-day, and we need to be heard.” Kate Curley, a high school junior and board member of YOUTHINK in Portland, Maine, discussed how a youth-oriented grassroots campaign can empower youth to reform schools. Her organization’s administration of small grants provides outlets for students to express their opinions and transform the community from the inside out.

Marty Strange, policy director of the Rural School and Community Trust, and John Myers, of JL Myers Group, discussed the importance of small schools in rural communities during “Small Schools Near Home: Essential for a Constitutional Education?” “As schools get bigger, children are more adversely affected by poverty,” stated Strange. Small schools face large challenges, though, and in some states with successful court cases, small schools have been consolidated out of existence. Instead of improving small schools in their own communities, children are bussed to bigger schools far from home.

Despite findings showing that smaller schools have higher graduation rates, small rural schools seem to be disfavored by the majority of the public. Strange believes that legislators and the urban majority do not have faith in rural communities to maintain and run their own schools. Mr. Myers emphasized the need for costing out studies for rural schools, though they are complex.

Prepared on June 14, 2006