From Courthouses to Schoolhouses: Emerging Judicial Theories of Adequacy and Equity

Abstract

This research examines three decades of school finance litigation while highlighting emerging judicial constructs of equity and adequacy. The authors find that in large part these decisions turn on whether a finance system is adequate. A bifurcated judicial theory of adequacy has emerged in recent judicial opinions. In states where education finance systems have been upheld, a minimalist, basic skills notion of adequacy is employed. Conversely, in states where public education finance systems have been invalidated, constructs of equity could not be severed from constructs of adequacy as the courts call for a quality education for all children. The authors conclude that the groundswell of school finance litigation indicates that there is a broad movement under way to secure in law and in practice the rights of poor children to equal opportunity and nondiscrimination, which is similar to past civil rights activities on behalf of linguistic minorities and children with disabilities.