School Finance Litigation

The availability of funds to support schools varies from district to district in most states, and the amount of money has a clear link with the quality of education provided. Often, districts with modest finances are also home to low-income students from underrepre-sented minorities. Thus, school finance has become associated with issues of equity, and it is often a target of parties seeking more equitable education for children. This entry looks at the background and some important legal cases in this area.


Education is not a fundamental right under the U.S. Constitution. Instead, because, pursuant to the Tenth Amendment, it is governed by state law, every state constitution has a provision mandating, at a minimum, that the state provide a system of free public schools. Thus, ...

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