NEW SCHOOL ADEQUACY LAWSUITS

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Finally, courts in more than 25 states have held their education finance systems to be unconstitutional and have ordered remedial action. School finance litigation is calling increasing attention to the recruitment and retention of quality teachers in poor districts. For example, recent rulings in New York and pending cases in Tennessee, South Carolina, and North Carolina have determined that “adequate” system funding requires sufficient resources to recruit and compensate teachers in all districts. 

In the case of Campaign for Fiscal Equity (CFE), Inc. v. State of New York, Judge DeGrasse specifically cited the much higher number of uncertified teachers in New York City (14%) compared with the rest of the state (3%). The judge noted the propensity for uncertified teachers to be concentrated in the lowest performing schools as well as the fact that New York City teachers have a much higher failure on certification exams as compared with teachers in the rest of the state. Judge DeGrasse further cited the inadequacy of the professional development available to teachers in the highest need schools—and his remedy included a TQ indicator system to monitor progress in addressing the problems.

In North Carolina, recent rulings have led to a $33 million proposal offered by the State Board of Education to the legislature as a response to communications with Judge Manning in the Leandro case. To meet the burden of proof threshold in these cases, more data will be necessary that link teacher qualifications and student performance as well as track the distribution of "highly qualified" teachers in much more precise and meaningful ways. 

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Last updated: February 21, 2006