School Funding
Agenda
- Housekeeping
- Midterm
- Final
- Makeup classes
- Thursday, April 25th 1:10pm - 3:10pm, Courtroom of the 90s.
- Friday April 26th 1:10pm until 3:10pm, Courtroom of the 90s.
- Review of property rights
- School funding cases
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Midterm and Final Exam
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Property Rights Review
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Takings
Two requirements for taking to be constitutional?
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Takings
Two requirements for taking to be constitutional?
- Public use
- Just compensation
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Reconciling “public use” definitions
Kelo v. City of New London
545 U.S. 469 (2005)
Goldstein v. New York State Urban Dev. Corp.
921 N.E.2d 164 (N.Y. 2009)
City of Norwood v. Horney
853 N.E.2d 1115 (Ohio 2006)
Bd. of Cty. Comm’rs of Muskogee Cty. v. Lowery
136 P.3d 639 (Okla. 2006)
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Just Compensation
Bayou Bridge Pipeline, LLC v. 38.00 Acres, More or Less, Located in St. Martin Parish, Et Al.
320 So.3d 1054 (La. 2021)
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Other Property-Related Rights
Patel v. Texas Dep’t of Licensing
469 S.W.3d 69 (Tex. 2015)
Texas Department of State Health Services v. Crown Distributing LLC
647 S.W.3d 648 (Tex. 2022)
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School Funding
- Equality
- Adequacy
- Justiciability / Remedies
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Questions to guide us for school funding cases
Does the state constitution provide a fundamental right to education? Or are public education clauses only a duty imposed on the legislature?
What are the differences between equality, adequacy, and uniformity?
How should a court determine whether school funding laws are unequal, inadequate, or not uniform?
If a school funding scheme is unconstitutional, what remedies should a court impose? How should the judiciary balance power and relationships with the legislative and executive branches?
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Federal Backdrop
Rodriguez v. San Antonio Indep. Sch. Dist.
406 U.S. 966 (1972)
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Review of Equality Cases
Hornbeck v. Somerset County Board of Education
458 A.2d 758 (Md. 1983)
Horton v. Meskill
376 A.2d 358 (Conn. 1977)
Vincent v. Voight
614 N.W.2d 388 (Wis. 2000)
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Adequacy Cases
Edgewood Independent School Dist. v. Kirby
777 S.W.2d 391 (Tex. 1989)
DeRolph v. State
677 N.E.2d 733 (Ohio 1997)
DeRolph v. State
754 N.E.2d 1184 (Ohio 2001)
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Adequacy Cases
Columbia Falls Elementary Sch. Dist. No. 6 v. State
109 P.3d 257 (Mont. 2005)
Abbott v. Burke
971 A.2d 989 (N.J. 2009)
Citizens for Strong Schools Inc. v. Florida State Board of Ed.
262 So.3d 127 (Fla. 2019)
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Edgewood Independent School Dist. v. Kirby
777 S.W.2d 391 (Tex. 1989)
“A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.” Texas Const., Article VII, § 1.
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DeRolph v. State
677 N.E.2d 733 (Ohio 1997)
754 N.E.2d 1184 (Ohio 2001)
“The general assembly shall make such provisions, by taxation, or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State.” Ohio Const. Section 2, Article VI.
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Columbia Falls Elementary Sch. Dist. No. 6 v. State
109 P.3d 257 (Mont. 2005)
“[T]he legislature shall provide a basic system of free quality public elementary and secondary schools. It shall fund and distribute in an equitable manner to the school districts the state’s share of the cost of the basic elementary and secondary school system.” Montana Const., Art. X, § 1(3).
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Abbott v. Burke
971 A.2d 989 (N.J. 2009)
“[T]he Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all the children in the State between the ages of five and eighteen years.” N.J. Const.
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Citizens for Strong Schools Inc. v. Florida State Board of Ed.
262 So.3d 127 (Fla. 2019)
“The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education.” Florida Const. Art. IX, § 1(a)
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Uniformity Clauses
Bush v. Holmes
919 So.2d 392 (Fla. 2006)
“The education of children is a fundamental value of the people of the State of Florida. It is, therefore, a paramount duty of the state to make adequate provision for the education of all children residing within its borders. Adequate provision shall be made by law for a uniform, efficient, safe, secure, and high quality system of free public schools that allows students to obtain a high quality education.” Florida Const. Art. IX, § 1(a)
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Teacher Tenure
Vergara v. California
209 Cal. Rptr. 3d 558 (2016)
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Remedy
Hoke County Board of Ed. v. State
599 S.E.2d 365 (N.C. 2004)
Claremont School District v. Governor
794 A.2d 744 (N.H. 2002)
Neeley v. West Orange-Cove Consol. Indep. Sch. Dist.
176 S.W.3d 746 (Tex. 2005)