WWW.DISSERTATION.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Dissertations, online materials
 
<< HOME
CONTACTS



Pages:   || 2 | 3 | 4 | 5 |   ...   | 14 |

«ABBOTT V BURKE: REAFFIRMING NEW JERSEY'S CONSTITUTIONAL COMMITMENT TO EQUAL EDUCATIONAL OPPORTUNITY I. INTRODUCTION Ever since the ratification of ...»

-- [ Page 1 ] --

NOTE

ABBOTT V BURKE: REAFFIRMING NEW

JERSEY'S CONSTITUTIONAL COMMITMENT TO

EQUAL EDUCATIONAL OPPORTUNITY

I. INTRODUCTION

Ever since the ratification of the United States Constitution over

two hundred years ago, "America has...been regarded as the land

of opportunity-of equal opportunity."' And for over one hundred years, the states have sought to imbue education with this principle of equal opportunity by establishing public school systems open to all children.2 In fact, the people who fought so hard and argued so elo-

1. JOHN E. COONS ET AL., PRIVATE WEALTH AND PUBLIC EDUCATION 477 (1970) [hereinafter COONS]. -Equality of opportunity represents the defining rhetoric of American free-enterprise democracy." Id. at 11. See, e.g., HORACE MANN BOND, THE EDUCATION OF THE NEGRO IN THE AMERICAN SOCIAL ORDER 4 (1966). -The theory of the democratic State, as expressed by its noblest exponents, depends upon the equalization of opportunity for all of its citizens, irrespective of creed or color." Id.; see also Mark L. Ascher, Curtailing Inherited Wealth, 89 MICH. L. REv. 69, 88 (1990) (stating that "[e]quality of opportunity... is at the very core of American values.").

2. All fifty state constitutions contain explicit provisions that require the state to establish and maintain public school systems open to all children. The degree of imperative in these constitutional commands varies substantially from state to state. For a complete listing of these provisions, see Allen W. Hubsch, Education and Self-Government: The Right to Education Under State Constitutional Law, 18 J.L. & EDUC. 93, 134-40 (1989). For an analysis of these provisions with respect to their use in public school finance reform litiga- tion, see William E. Thro, Note, To Render Them Safe: The Analysis of State Constitutional Provisions in Public School Finance Reform Litigation, 75 VA. L. REV. 1639 (1989).

Generally, state voters approved these constitutional amendments during the latter half of the nineteenth century. But [p]rior to [this] great reform, education was a private affair for both rich and poor.

The elite went to truly private schools and the poor were left essentially with the [Vol. 20:429

HOFSTRA LAW REVIEW

quently to gather support for the creation of public schools originally intended that these schools would "permit the poor to compete"3 in society and would be their "strongest hope for rising in the social scale.",4 As Professors Coons, Clune, and Sugarman explain in their book, Private Wealth and Public Education, "the sine qua non of a fair contest system-of equality of opportunity-is equality of train- 5 ing. And that training is what public education is primarily about."

Nearly every American would endorsethe general principle that all children-rich and poor, black and white-deserve an "equal educational opportunity., 6 But there is a "vast gulf "7 between this noble charity school (financed by the rich) and the rate-bill school (the rate-bill was a tuition-like device which "taxed" the parents of attending children). Not only were both inadequate, they became infamous.... The system of private education had become closely identified with a stratified, elitist society, essentially an aristocracy.

COONS, supra note 1, at 47. See infra notes 4, 6.

3. COONS, supra note 1, at 4; see also infra note 6.

4. See COONS, supra note I, at 5. As Thaddeus Stevens once explained so well:

[Public education] is objected to because its benefits are shared by the children of the profligate spendthrift equally with those of the most industrious and economical habits. It ought to be remembered, that the benefit is bestowed, not on the erring parents, but the innocent children. Carry out this objection and you punish children for the crimes or misfortunes of their parents. You virtually establish castes and grades founded on no merit of the particular generation, but on the demerits of their ancestors; an aristocracy of the most odious and insolent kind-the aristocracy of wealth and power.

Id. (quoting Thaddeus Stevens, An Appeal for Tax-Supported Schools, in THE HISTORY OF AMERICAN EDUCATION THROUGH READINGS 114-15 (1964)) (emphasis added).

5. Id, at 3; see also David Chang, The Bus Stops Here: Defining the Constitutional Right of Equal Educational Opportunity and an Appropriate Remedial Process, 63 B.U. L.

REV. 1, 3 n.2 (1983) (contending that "[t]rue *merit' can be rewarded only when the process gives an equally fair chance to each person.").

6. See COONS, supra note I, at 1, 6. "Equality of educational opportunity" does not mean uniform schools; it merely means "equality of opportunity through education," and an equal chance to succeed. Or, as Coons, Clune, and Sugarman put it, "[t]he crucial value to be preserved is the [equal] opportunity to succeed, not the uniformity of success." Id. at 3;

see also Abbott v. Burke, 575 A.2d 359, 368 (N.J. 1990) (Abbott II) (holding that the New Jersey Constitution's "thorough and efficient education" clause requires that the state provide all students with an "equal educational opportunity"). Practically, this means that "poorer disadvantaged students must be given [an equal] chance to be able to compete with relatively advantaged students" and to contribute to the society populated by both. Id at 372; Brown v.





Board of Educ., 347 U.S. 483, 493 (1954) (contending that, "[t]oday, education is perhaps the most important function of state and local governments.... In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.") (emphasis added); Paul D. Carrington, Financing the American Dream: Equality and School Taxes, 73 COLUM. L. REV. 1227 (1973) (stating that "[tihe right to equal educational opportunity is the American Dream incarnate as constitutional law. That every child should have a fair opportunity to rise above his humble

EQUAL EDUCATIONAL OPPORTUNITY

1991] principle and the dismal reality that children in property-poor school districts receive grossly inferior educational opportunities.' As the Supreme Court of New Jersey recently pointed out, "[tioday the disadvantaged are doubly mistreated: first, by the accident of their environment and, second, by... [public school systems that provide them with].. an inadequate education." 9 When the states began to create public school systems over one hundred years ago, they divided their territory into hundreds of geographical sub-units, local school districts.10 States also granted the local school board of each district the authority to levy taxes that would provide funding solely for the public schools within each district's boundaries. But this territorial division into local school districts invariably created gross and substantial disparities among districts in the total amount of property wealth located within those districts. 1 Historically, most public school funding has been provided by ad origins and claim the rewards that his efforts and abilities deserve is perhaps our most widely shared idea.").

7. Abbott I, 575 A.2d at 375.

8. For a vivid and detailed description of the severe "substantive lack in the quality of education in [New Jersey's] poorer urban districts," see id. at 394-97.

9. Id at 403.

10. One of the main pu-poses of dividing up state territory into school districts was to ensure local control over the operation of public schools. This principle of providing for local control of public schools, sometimes referred to as "subsidiarity," is akin to the deep-rooted American distrust of centralized authority commonly known as federalism-"the principle that government should ordinarily leave decision-making and administration to the smallest unit of society competent to handle them." COONS, supra note 1, at 14. Quite simply, subsidiarity in public education means that "local people should support and run their own schools." Id. at

15. According to Coons, Clune, and Sugarman, "[t]he primary value that...

[subsidiarity]... purports to guard is independence." lt at 15 n.8. Furthermore, "[l]ocal control creates an incentive to be more efficient if local spenders can make some connection between efforts to economize and the tax rates they have to pay." John J. Treacy & Lloyd W. Frueh, II, Power Equalization and the Reform of Public School Finance, 27 NAT'L TAX J. 285, 287 (1974). Unfortunately, the division of the states into local districts, coupled with America's substantial reliance upon local property taxes to provide funding for its public schools, has permitted pervasive, "systematic wealth discrimination against poor districts."

COONS, supra note 1, at xix. And this wealth discrimination is not a recent development. For instance, around 1900, "the highest taxing (and the poorest) county [in Wisconsin] taxed at a rate sixteen times that of the lowest (and richest), while even the average tax rate of the five richest counties was one-sixth that of the four poorest." Id. at 50.

11. See COONS, supra note 1, at 49-50 (noting that these gross inter-district property wealth disparities did not exist in the middle of the nineteenth century. But the economic revolution of the late nineteenth century turned district-based public school systems into "Frankenstein[s]." In fact, by 1900, gross inter-district property wealth disparities were already widespread.).

[Vol. 20:429

HOFSTRA LAW REVIEW

valorem taxes levied upon the property located within each district, with the state government merely supplementing these local property taxes.12 By using school financing formulas 3 that placed a "heavy

12. According to one prominent education finance expert, in 1985 local property taxes amounted to forty-five percent of the total revenue raised for public education in America.

Charles S. Benson & Kevin O'Halloran, The Economic History of School Finance in the United States, 12 J. EDUC. FIN. 495, 506 (1985). In the 1920s and 1930s that figure was over eighty percent, and until the 1970s that figure was over fifty percent; see also JOHN D.

PULUAM, HISTORY OF E ucATnoN IN AMERICA 90 (1969) (noting that, "[b]etween 1930 and 1960, the percentage of locally raised public school funds dropped from about 83 to 55 percent."). This is one of the characteristics that made the foundation plan system of financing public education so inequitable. See COONS, supra note 1, at 63-95.



Pages:   || 2 | 3 | 4 | 5 |   ...   | 14 |


Similar works:

«207 S. 92 CH. VII – MANAGEMENT AND ADMINISTRATION (e) its promoters, directors, key managerial personnel along with changes therein since the close of the previous financial year ; (f) meetings of members or a class thereof, Board and its various committees along with details ; (g) remuneration of directors and key managerial personnel ; (h) penalty or punishment imposed on the company, its directors or officers and details of compounding of offences and appeals made against such penalty or...»

«c.The Prevent Strategy: A Guide for Local Partners in England Stopping people becoming or supporting terrorists and violent extremists This guide is aimed at local partners in England. However, much of the cross-cutting information it contains will help local authorities, the police, Community Safety Partnerships and other partners and partnerships in the devolved administrations to develop and implement effective actions that will make their communities safer. 1. Contents Ministerial Foreword...»

«Festal MATINS for the Nativity of our Lord and Savior Jesus Christ Priest: Blessed is our God always, now and ever, and unto ages of ages. Choir: Amen. People: Holy God, Holy Mighty, Holy Immortal: have mercy on us. (THRICE) Glory to the Father, and to the Son, and to the Holy Spirit; both now and ever, and unto ages of ages. Amen. All-holy Trinity, have mercy on us. Lord, cleanse us from our sins. Master, pardon our iniquities. Holy God, visit and heal our infirmities for Your Name’s sake....»

«Yes, user!: compiling a corpus according to what the user wants Rachel Aires1,2 Diana Santos2 Sandra Aluísio1 1 NILC University of São Paulo, Brazil 2 Linguateca SINTEF ICT, Norway raires@icmc.usp.br diana.santos@sintef.no sandra@icmc.usp.br Abstract This paper describes a corpus of webpages, named “Yes, user!”. These pages were classified in order to satisfy different types of users' needs. We introduce the assumptions on which the corpus is based, show its classification scheme in...»

«TOWN OF TEWKSBURY Anthony Ippolito, Chairman CONSERVATION COMMISSION Carolina Linder, Vice-Chair 999 Whipple Road Steve Deackoff, Clerk Dennis Sheehan Tewksbury, MA 01876 Jonathan Parker Meeting Minutes February 4, 2015 The meeting was called to order at 7:00 p.m. by Anthony Ippolito, Chairman at the Pike House (temporary Town Hall). Present at the meeting were Carolina Linder, Steve Deackoff, Dennis Sheehan, and Jonathan Parker. Also in attendance was Kyle Boyd, Conservation Agent, and Melissa...»

«How do sectors change? The role of incumbents as institutional entrepreneurs Examination committee: Prof.dr.ir. B.A.G. Bossink Prof.dr.ir. J.C.M. van den Ende Prof.dr. A. Kolk Prof.dr. A.J. Meijer Prof.dr. E.H.M. Moors ISBN 978-90-6464-911-0 © 2015 M.J. Kishna Cover: Ferdinand van Nispen tot Pannerden, Citroenvlinder DTP & Vormgeving Printing: GVO drukkers & vormgevers B.V. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any...»

«Agenda Board of Trustees 11-03-16 Page 1 AGENDA UNIVERSITY OF SOUTHERN INDIANA BOARD OF TRUSTEES November 3, 2016 SECTION I – GENERAL AND ACADEMIC MATTERS A. APPROVAL OF MINUTES OF SEPTEMBER 1, 2016, MEETING B. ESTABLISHMENT OF NEXT MEETING DATE, TIME, LOCATION C. REPORT OF THE ACADEMIC AFFAIRS AND ENROLLMENT MANAGEMENT COMMITTEE The Academic Affairs and Enrollment Management Committee will meet prior to the Board of Trustees meeting on November 3, 2016. A report will be presented. D....»

«One Voice Testimonies of Darfurian Mothers Mother’s Day Action The ongoing genocide in Darfur is getting worse every day. On this Mother's Day we encourage mothers everywhere to remember the true meaning of the holiday and to raise their voices on behalf of the mothers of Darfur. We are asking people to gather in their living rooms, places of worship, community centers, local theaters and street corners to participate in a reading of One Voice, a collection of real life testimonies from...»

«Decision Document Property Compensation Consultation 2013 for the London-West Midlands HS2 route Property Compensation Consultation 2013 for the London-West Midlands HS2 route: Decision document Presented to Parliament by the Secretary of State for Transport by Command of Her Majesty April 2014 Cm 8833 © Crown copyright 2014, except where otherwise stated You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence...»

«LAMAR COUNTY BOARD OF COMMISSIONERS Regular Commissioner Meeting Minutes April 16th, 2013 7:00 p.m. I. Call to Order Chairman Jay Matthews called the Public Hearing to order at approximately 7:00 p.m. Present for the meeting was Vice-Chairman Bennie Horton, Commissioner Nancy Thrash, Commissioner Van Baker, Commissioner Charles Glass, County Administrator Robert Zellner, Financial Analyst Carlette Davidson and Attorney Scott Mayfield. II. Pledge of Allegiance The Pledge of Allegiance was said...»

«2201 Glenwood Ave., Joliet, IL 60435 ENT SURGICAL CONSULTANTS (815) 725-1191, (815) 725-1248 fax Thomas K. Kron, MD, FACS 1300 Copperfield Ave., Suite 3060, Joliet, IL 60432 Michael G. Gartlan, MD, FAAP, FACS (815) 727-6031 Rajeev H. Mehta, MD, FACS Scott W. DiVenere, MD 119 E. Jefferson St., Morris, IL 60450 (815) 941-1972 Sung J. Chung, MD Ankit M. Patel, MD ADULT TONSILLECTOMY AND/OR SLEEP APNEA SURGERY (12/05) The tonsils play an important role as a defense system against infections in the...»

«| W O R K I N G PA P E R S SERIES TWO no. 35 Constructions of Education and Resistance within Popular Feminist Commentary on Girls and Sexualisation Claire Charles | W O R K I N G PA P E R S SERIES TWO Constructions of Education and no. 35 Resistance within Popular Feminist Commentary on Girls and Sexualisation Claire Charles SERIES EDITOR Peter Kelly ALFRED DEAKIN RESEARCH INSTITUTE Deakin University Geelong VIC 3217 AUSTRALIA ISBN 978-1-921745-34-8 ISSN (online) 1837-7440 ISSN (print)...»





 
<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.