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Law

BYU Education & Law Journal

Journal

Education; Education policy; Education law; Educational equity; Education finance

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Full-Text Articles in Education

Who, What, Why & How: Reimagining State Constitutional Analysis In School Finance Litigation, William Thro Dec 2020

Who, What, Why & How: Reimagining State Constitutional Analysis In School Finance Litigation, William Thro

BYU Education & Law Journal

Despite the Supreme Court’s recognition of the importance of public education, America’s public schools remain ravaged by “savage inequalities”which lead to failure of the public schools.Because every State, except Hawaii, partially finances local public schools through local property taxes and because there are differences in the value of real property, there are vast disparities in available funding for local school districts. While every State Constitution requires the State Legislature to establish a public school system and while the State Legislatures have enacted a variety of statutes in an attempt to meet the state constitutional obligations, virtually every State has seen …