NEWS FROM THE ACCESS NETWORK

23 STATES ARE NOW PROVIDING LESS EDUCATION FUNDING THAN IN 2008

October 24, 2016

A recent survey of 47 states where data was available by the Center on Budget and Policy Priorities revealed that in inflation-adjusted terms, 23 states are spending less on education during the current school year than they did in 2008, the last year before the recession. Eight states have cut general funding per student by about […]

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LONG-PENDING ILLINOIS EQUITY CASE IS NOW ON A FAST TRACK

October 24, 2016

Eight years ago, the Chicago Urban League filed a case against the State of Illinois that that asked the state courts to declare the state’s school funding scheme is unconstitutional (Chicago Urban League v. State of Illinois). Plaintiffs claimed that the state’s education finance system violates the education provision of the state constitution which guarantees all […]

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WASHINGTON SUPREME COURT MAINTAINS SANCTIONS AND 2018 COMPLIANCE DEADLINE

October 24, 2016

In August 2015, the Washington Supreme Court imposed sanctions on the state for its failure to make sufficient progress in complying with its 2012 order in McCleary v. State of Washington. Finding that although some progress had been made, the State still had not adopted an acceptable “plan for achieving compliance by its own deadline of 2018,” […]

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NY APPEALS COURT HOLDS THAT CHARTER SCHOOL STUDENTS HAVE NO CONSTITUTIONAL RIGHT TO A “SOUND BASIC EDUCATION”

October 24, 2016

Last year, charter school parents in Buffalo and Rochester, NY filed a complaint that alleged that the state’s failure to provide facilities funding for their schools denies them the constitutional right to an opportunity for a sound and basic education guaranteed by Art. XI, § 1 of the state constitution. They claimed that charter schools […]

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MICHIGAN SUIT CLAIMS CONSTITUTIONAL RIGHT TO LITERACY UNDER THE U.S. CONSTITUTION

September 22, 2016

Attorneys representing seven Detroit school children filed a 133- page class action complaint earlier this month in the U.S. District Court for the Eastern District of Michigan, alleging that the state of Michigan has disinvested in education in Detroit to such an extent that children lack fundamental access to literacy. Gary B. v. Snynder. The plaintiffs […]

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NY TRIAL COURT REJECTS SOUND BASIC EDUCATION CLAIM

September 22, 2016

In a surprising decision issued last week, Acting Supreme Court Justice Kimberly O’Connor dismissed the claims of schoolchildren from eight small city school districts in upstate New York who alleged that they were being denied their constitutionally-mandated opportunity for a sound basic education because of inadequate state funding. Maisto v. State of New York. The […]

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PENNSYLVANIA SUPREME COURT HEARS ARGUMENTS IN NEW ADEQUACY CASE

September 22, 2016

Although the Pennsylvania courts have twice rejected  past attempts to establish an enforceable right to education in the commonwealth, last year a coalition of parents, school districts and the state NAACP brought a new suit that, arguing that their case should be distinguished from the prior efforts because the educational funding targets established by the […]

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CONNECTICUT COURT UPHOLDS ADEQUACY CLAIM

September 12, 2016

In a strongly-worded 89 page decision, Superior Court Judge Thomas G Moukawsher  held that major components of Connecticut’s K-12 education system were so “irrational” that they were denying students, especially those in low wealth districts, their constitutional right to an adequate education. Connecticut Coalition for Justice in Education Funding v. Rell. Setting aside the state’s arguments […]

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NY APPEALS COURT AFFIRMS PLAINTIFFS’ RIGHT TO PROCEED WITH THE NYSER LITIGATION

September 12, 2016

On September 8th, 2016, an intermediate appeals court, the Appellate Division, First Department, affirmed the trial court’s denial of the state’s motion to dismiss  plaintiffs’ claims in New Yorkers for Students’ Educational Rights (NYSER) v. State of New York. The NYSER plaintiffs are challenging the state’s failure to fully fund the state-wide foundation aid formula that […]

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NEW HAMPSHIRE CAP ON STATE GRANTS TO SCHOOL DISTRICTS IS DECLARED UNCONSTITUTIONAL

September 12, 2016

In August 2015, the Dover School District sued the State of New Hampshire for failing to adequately fund its schools. The suit challenged a state statutory funding cap that limits year to year increases under the current funding formula to 108% of the prior year’s amount. Last week Superior Court Judge Brian T. Tucker upheld […]

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