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Litigation
Page
Click here for updates on recent litigation
and the status of the adequacy movement |
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Connecticut Supreme Court Holds that the
State Constitution Guarantees Students the
Right to an Adequate Education
After almost two years of deliberation,
the Connecticut Supreme Court held last
week in Coalition
for Justice in Education Funding, Inc v.
Rell, that Article eighth, §
1 of the State Constitution has a qualitative
dimension that guarantees all students an
adequate education. In doing so, the Court
reversed the trial court’s dismissal
of the adequacy claims in plaintiff’s
complaint and sent the case back for a trial
to determine whether the state’s educational
resources and standards have, in fact, provided
public school students with constitutionally
suitable educational opportunities.
Read
Full Story
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Editorial: USDOE Position on ESEA: Weak
on Equity and Adequacy
Last
month, the U.S. Department of Education
issued a position paper on re-authorization
of the Elementary and Secondary Education
Act (ESEA), formerly known as the No Child
Left Behind Act. The “Blueprint for
Reform,” would eliminate the unachievable
requirement that 100% of the students in
the country be proficient in challenging
state standards by 2014 as well as the unworkable
system of adequate yearly progress testing
requirements to which it has been tied.
Read
Full Story |
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Layoffs, Education Cuts Serve as Impetus
for New Lawsuits Filed in California and
Indiana
Lawsuits filed in late February
in response to education funding cuts in
California and Indiana may be a bellwether
for future litigations across the country
as state budget deficits mount and more
states consider reductions in education
funding.
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Full Story |
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Legal Updates: Illinois,
North Carolina
Two individual taxpayers last week
initiated a new equity litigation, claiming
that Illinois’ education finance system
violates the state constitution’s
equal protection clause. Carr
v. Koch. Enforcing compliance
with the state supreme court’s 2004
Leandro
decision, Superior Court Howard E. Manning
is requiring the State of North Carolina
to report on “exactly what immediate
steps they are going to implement to ensure
that there is quality classroom instruction,
competent leadership and resources”
in all of the elementary and middle schools
in those districts.
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Full Story |
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Changes in Teacher Pension Systems Face
Legal Scrutiny
As states face continuing
budget shortfalls, some lawmakers are turning
their attention to modifying costly teacher
pension plans, by reducing future benefits
and/or requiring greater contributions from
school districts and employees. Not surprisingly,
education organizations and local government
entities have challenged the constitutionality
of these changes. An appellate decision
in New Jersey and a lawsuit filed in New
Hampshire are the most recent legal developments
in this area.
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Full Story |
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