From Schoolhouse to Courthouse: The Judiciarys Role in American Education

Author and Political Science Professor Joshua Dunn Kicks off Education Reform Lecture Series
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A Brookings Institution Press and the Thomas B. Fordham Institute publicationFrom race to speech, from religion to school funding, from discipline to special education, few aspects of education policy have escaped the courtroom over the past fifty. Primary-secondary education is scarcely the exclusive realm of increased litigation and court involvement in social policy, much less the only field in which the.

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What Is the Judicial Branch of the U.S. Government? - History

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Author and Political Science Professor Joshua Dunn Kicks off Education Reform Lecture Series

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Cohen, Susan L. Moffitt Call Number: LC C56 Reese Call Number: LA R New York, Partnership for Educ. See Complaint for Declaratory and Injunctive Relief, supra note 56, at 3. See Rebell, supra note State , N. Rebell appears to have been referring to Paynter v. Rebell, supra note Denial of First Motion to Dismiss, supra note 63, at Coalition for Just. Funding , A. See Conn. Funding , No. Suits such as Vergara , Davids , and CCJEF mark a growing trend of advocates pursuing education reforms in courts rather than in legislatures or administrative offices.

See First Amended Complaint, Forslund v. May 2, Harrington, No.

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MER-L N. Charter school advocates in Massachusetts recently sought, albeit unsuccessfully, to strike down caps on charter school funding and the number of charter schools as violations of the state constitutional right to an adequate education. A ballot measure seeking to lift the charter school cap also failed. See David Scharfenberg, Mass. Globe Nov. See Complaint at 52, Martinez v. Molloy, No. Glucksberg, U.

Education Next is a journal of opinion and research about education policy.

This will result in conflicts moving from the courts to legislative and executive arenas. State Univ. The program will be at noon in room of the Graduate Education Building. State Education Reform Policy , 11 St. Brookings, Some commentators have located a similar right in provisions of the U. After all, virtually every public issue may be framed from a religious perspective.

Hodges, S. There is an obvious appeal to the idea that a robust constitutional right to education — one that guarantees a minimally adequate education — may provide a solution to the seemingly intractable puzzle of school reform.

enter site Nevertheless, the rise of adequacy litigation involving more substantive matters of education policy affirms that this appeal is misguided. Rights v. Edgar, N. However, this Note maintains that the very act of striking down statutes like those at issue in Vergara necessarily involves the exercise of policymaking discretion of a nonjudicial character. While one of these concerns standing alone might not justify judicial abdication in such matters, the unique confluence of these factors as they pertain to public education — coupled with the degree to which education litigation increasingly turns on complex, nonlegal, and policy-oriented questions — counsels, perhaps now more than ever, in favor of judicial restraint.

This is no easy task for policymakers and academic experts, much less for judges. Nevertheless, a number of courts throughout the country have sought to give content to the term. Campaign for Fiscal Equity, Inc. Rose v. See Campaign for Quality Educ. Yet civil trial courts are generally not equipped to engage in such searching analysis of education policies and practices.

Unlike, for example, administrative agencies, courts do not possess inherent advantages that would allow them to be more skillful arbiters of education policy than other government actors. Of course, this Note presumes that agencies will tend to be staffed and led by individuals with some degree of expertise in the relevant policy area. This lack of expertise helps to explain in part why statutes such as the Individuals with Disabilities Education Act contain an administrative exhaustion requirement.

See Crocker v. Secondary Sch. Federal courts — generalists with no expertise in the educational needs of handicapped students — are given the benefit of expert factfinding by a state agency devoted to this very purpose. But nearly all of these findings are contested by other studies. Times Oct. Yet, adequacy-based challenges necessarily require courts to choose certain measures and metrics over others. See supra p. The findings of that study, however, are far from conclusive, and in fact have been squarely disputed.

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Policy Ctr. But see Raj Chetty et al.

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Yet this testimony similarly relied on research that scholars have called into question. To be sure, factfinders routinely weigh witness credibility, parse through conflicting pieces of evidence, and ultimately decide matters touching upon unfamiliar and complicated topics. Chafee, 89 A.