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Full-Text Articles in Law
Special Education's Lessons For School Funding Litigation, Spencer C. Weiler, Scott R. Bauries
Special Education's Lessons For School Funding Litigation, Spencer C. Weiler, Scott R. Bauries
Law Faculty Scholarly Articles
In this Article, we make the case that the currently dominant approaches to challenging the constitutionality of a state’s funding efforts have proven ineffective. Instead, future lawsuits designed to bring about lasting funding reform should be informed by the successes within the field of special education by asking courts to examine individual-rights claims based on one student, or several similarly-situated individual students, petitioning the court for relief tailored to that student or class. Such an approach to school finance litigation could result in a decision that limits relief to just one application of the entire funding formula, and the remedy …
Judicially Reducing The Standard Of Care: An Analysis Of The Bad Faith/Gross Misjudgment Standard In Special Education Discrimination, Drew Miller
Kentucky Law Journal
No abstract provided.