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Education Law

School finance

2017

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The Texas Supreme Court Retreats From Protecting Texas Students, Albert H. Kauffman Jan 2017

The Texas Supreme Court Retreats From Protecting Texas Students, Albert H. Kauffman

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The Texas Supreme Court has now fully retreated from a powerful line of previous Texas Supreme Court decisions protecting the rights of public school students and low-wealth districts.' Returning to Texas history's dual system of poor districts and wealthy districts, the Court removed itself from its constitutional role as a vital ingredient in progressing toward school finance equity and adequacy and has instead regressed to a dual school system in Texas that is divided between poor and wealthy districts.

This regression becomes evident by analyzing seven major school finance decisions: (1) Edgewood Independent School District v. Kirby (Edgewood I); (2) …