From The National Access Network
at Teachers College, Columbia University
April 10, 2009

In this issue...

Major ELL Funding Case Goes to U.S. Supreme Court

Ohio is Back on Track for Constitutional Compliance

New Jersey Judge Recommends New Path for Old Litigation

9th Annual Quality Education Conference


Litigation Page
Click here for updates on recent litigation and the status of the adequacy movement

Major ELL Funding Case Goes to U.S. Supreme Court

For the first time since 1973 when it ruled in Lau v. Nicols, 414 U.S. 563 that students with limited English proficiency have a right to a “meaningful educational opportunity,” the United States Supreme Court will be considering a case involving the provision of services to English Language Learners (“ELLs”). Speaker of Arizona House of Representatives v. Flores, which will be argued later this month, involves enforcement of the federal district court’s order that the State of Arizona reasonably fund programs for teaching English to these students.

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Ohio is Back on Track for Constitutional Compliance

Seven years after the Ohio Supreme Court declared that it would take no further action to compel the executive and legislative branches to fix the state’s unconstitutional educational funding system, the Executive Branch, on its own initiative, is taking significant action to promote constitutional compliance. Ohio Governor Ted Strickland announced in his State of the State address on January 28, 2009 that his first priority as governor is to reform the state’s public education system. Having repeatedly stated that his governorship will rise and fall on his successful revamping of the state’s educational system, Strickland’s speech formally announced his administration’s plans to overhaul the state’s current education funding formula and to improve teacher quality, expand learning opportunities, develop innovative teaching techniques, and integrate comprehensive early childhood programs with the rest of the school curriculum.

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New Jersey Judge Recommends New Path for Old Litigation

In a Solomonic decision, Peter E. Doyne, a state superior court judge sitting as a special master appointed by the New Jersey Supreme Court, recommended that New Jersey’s new school funding formula be deemed to satisfy constitutional requirements, provided that, at least for the next three years, the 32 urban school districts covered by the state’s long-pending Abbott v. Burke litigation be allowed to continue to apply to the state education department for supplemental funding. The special master’s recommendation will now be considered by the New Jersey Supreme Court, which has scheduled oral argument in this matter later this month.

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REGISTER NOW for the 9th Annual Quality Education Conference: Strengthening Opportunities to Learn in Challenging Economic Times

Less than one month remains until the 9th Annual Quality Education Conference Washington, DC.
We hope that you will be able to join us on May 7-8 to discuss pressing issues in education, specifically the budgetary concerns that are facing most states.

It is our hope that this conference will help begin a dialogue on education budget issues between plaintiff litigators, educators, advocates, and policy experts. We encourage conference participants to share information and strategies regarding their states’ reactions to budget cuts, the infusion of federal stimulus money, and the looming “facing the cliff” concern that states may encounter when the money provided by the federal government runs out.

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