School Finance Reform Litigation

Abstract

This chapter discusses the three major ways in which the standards-based reform movement and school finance reform litigation have begun to converge: legislatures have responded to court orders that their education systems are not constitutionally adequate by building systems of standards and accountability; courts have considered whether standards should be used to determine if states have provided students with adequate educations; and courts have begun to order states to implement standards-based reform and accountability systems as a means of providing students with legally adequate educations. The chapter specifically discusses the history of school finance reform litigation and five recent school finance lawsuits involving standards-based reform. It argues that the active stance taken by courts toward standards-based reform and accountability policies in the context of school finance litigation may help courts and litigants better address the persistent problems facing these policies.