Note, Maintaining Educational Adequacy in Times of Recession: Judicial Review of State Education Budget Cuts

31 Pages Posted: 30 Nov 2012

See all articles by Vinay Harpalani

Vinay Harpalani

Savannah Law School; Drake University Law School

Date Written: 2010

Abstract

This Note examines judicial review and oversight of state educational adequacy remedies in light of education budget cuts proposed during the recent recession. Educational adequacy litigation has been relatively successful in establishing children’s affirmative right to education under state constitutions, but due to separation of powers concerns, most state courts have been quite deferential to legislatures in reviewing remedies for constitutional violations. This leaves many schools underfunded and under-resourced in spite of successful adequacy litigation — a problem that is aggravated during times of recession, when many states face pressure to cut education budgets. This Note examines these issues using functional separation of powers theory, comparative analysis of state and federal government functioning, and pragmatic considerations related to remedial compliance. It argues that state courts should apply heightened judicial review to ensure remedial compliance and particularly to review state education budget cuts that may disrupt educational adequacy remedies. In this way, state courts can be more vigilant in maintaining educational adequacy.

Keywords: education, recession, judicial review, education budget cuts, educational adequacy, remedial compliance

JEL Classification: K30, K39, K40, K49

Suggested Citation

Harpalani, Vinay, Note, Maintaining Educational Adequacy in Times of Recession: Judicial Review of State Education Budget Cuts (2010). 85 New York University Law Review 258 (2010); Chicago-Kent College of Law Research Paper. Available at SSRN: https://ssrn.com/abstract=2183235

Vinay Harpalani (Contact Author)

Savannah Law School ( email )

United States
2158734476 (Phone)

Drake University Law School ( email )

2507 University Avenue
Des Moines, IA 50311
United States

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