The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

Discusses the U.S. Supreme Court's decision in "San Antonio Independent School District v. Rodriguez," handed down 10 years ago, concerning financial equity in the Texas school finance program. Summarizes Justice Powell's majority opinion and Justice Marshall's dissent and introduces the two following articles assessing the decision's…

A federal judge's specifications for desegregating Mississippi's state colleges are excerpted from a recent court ruling. Issues addressed include the state's formula for financing colleges, whether the case should focus on students or institutions, the missions of historically black colleges and predominantly white institutions, and campus…

This chapter of "Principles of School Business Management" reviews major federal and state court cases dealing with fiscal equalization of state school support programs and summarizes and discusses the major legal issues that were addressed. The major federal cases include "McInnis v. Shapiro,""Burrus v. Wilkerson," and "Van Dusartz v. Hatfield,"…

THIS ARTICLE DESCRIBES THE GROWTH OF ALL-WHITE PRIVATE SCHOOLS THROUGHOUT THE SOUTH WHICH HAS ACCOMPANIED FEDERAL ENFORCEMENT OF SCHOOL INTEGRATION. IT IS REPORTED THAT VIRGINIA, ALABAMA, LOUISIANA, AND MISSISSIPPI PROVIDE TUITION GRANTS, RANGING FROM $185 TO $360 A YEAR, TO WHITE STUDENTS WHO WISH TO ATTEND THESE SCHOOLS. HOWEVER, FEDERAL COURTS…

Recounts the history of the case, its unfolding in court, and the implications of the court's holdings. (IRT)

Supporters of Black colleges have said that the threat of court-imposed penalities was an invaluable asset in efforts to win state funds and block proposals to close Black colleges. That leverage is gone with a recent ruling by a federal judge. (MLW)

Discusses the Montana Supreme Court's declaration that the Montana system of financing education was unconstitutional as it relates to emerging legal principles drawn from federal school finance court challenges. Speculates on future directions in state education finance equity litigation. (54 references) (MLF)

A federal appeals court ordered new trials on whether curriculum at Alabama's predominantly white colleges discriminates against blacks by lacking content on black thought and history, and whether much of the state land-grant program should be shifted from Auburn University to Alabama A&M, a historically black institution. (MSE)

A federal district judge ruled that state officials failed to demonstrate the need to close Mississippi Valley State University and merge Mississippi University for Women with Mississippi State University to meet desegregation requirements. He ordered Mississippi to provide additional funds to two other black colleges, and approved a state plan…

This report discusses the constitutionality of state aid to church-related institutions of higher education. The introduction deals with the important role that private institutions play in the total system of higher education, the seriousness of their financial plight, and the necessity for increased state aid to these institutions. Sections 2…

Recent court decisions have declared that those public school financing systems dependent substantially on local ad valorem (property) taxes violate the equal protection clause of the 14th Amendment. The violation stems from the fact that local school district spending and educational quality are dependent on the values of real property in the…

In reviewing court cases in education, the author focuses on the interrelationships among judicial decisions, educational administrators' prerogatives, and the economic welfare of public education. Cases are drawn from the areas of racial segregation, handicapped and bilingual education, state financing of schools, and church-state separation.…

Since 1970 approximately half of the states have challenged the constitutionality of state educational funding methods under equal protection or educational adequacy grounds. A review of court cases finds no clear trend towards acceptance or rejection of state provisions for school financing but does reveal a heightened awareness of inequity in…

An overview of the constitutionality of various state public education finance systems is presented. Issues addressed include education as a fundamental right mandated by the education clause of state constitutions and the impact of the equal protection clause on the education clause. Criteria for successful challenges to state school finance…