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Litigation
Page
Click here for updates on recent litigation
and the status of the adequacy movement |
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Major New Case Filed In Illinois
Undeterred
by the fact that the Illinois Supreme Court
has twice before rejected adequacy claims
based on justiciability grounds, the Chicago
Urban League and the Quad County Urban League
last week filed a new challenge to the Illinois
education finance system in the state Circuit
Court. In addition to a major adequacy claim
based on an Illinois constitutional provision
that requires the state to provide “an
efficient system of high quality public
educational institutions and services,”
the complaint sets forth a major racial
discrimination claim, alleges a number of
violations of the state equal protection
clause and argues that the Uniformity of
Taxation provision of the Illinois constitution
has been breached. Read
Full Story |
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Multi-Pronged Approaches to Education Reform:
The South Carolina and Illinois Examples
Litigation
is often necessary to spur education funding
reform, but successful litigations—and
especially successful remedies to adequacy
cases—usually involve coordinated
media, public engagement, and political
activities. Recent events in South Carolina
and Illinois demonstrate how multi-pronged
approaches, involving both legal and nonlegal
tactics, combine to promote education reform.
Read
Full Story |
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Trial About to Begin in South Dakota
The
trial in the South Dakota adequacy lawsuit,
South Dakota Coalition of Schools v.
State, is scheduled to begin on September
2. Plaintiffs will argue that the State
of South Dakota is failing to ensure adequate
public education opportunities, as guaranteed
in Article VIII of the State Constitution
which requires the state to provide a “uniform
system of free and public schools”
and “taxation to support [a] school
system.” Current legislative policy
also provides that, “school districts
exist for the purpose of operating a school
or schools to provide the people of each
local community adequate opportunity to
avail themselves of a free public education,”
and that “it is essential for all
children and youth in the state to have
access to an adequate educational program
in a public school.” Read
Full Story |
State's Motion Denied in Georgia
Preparing
the way for a trial that is scheduled to
being on October 21, 2008, Superior Court
Judge Elizabeth E. Long dismissed defendants’
motion for summary judgment in a decision
issued on August 11, 2008. A motion for
summary judgment could be granted only if
the defendants had shown that there is no
genuine issue of material fact to be tried
and that the undisputed facts, viewed in
the light most favorable to plaintiffs,
warrant summary judgment as a matter of
law. Read
Full Story |
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