State Takeovers of School Districts and Related Litigation: Michigan as a Case Study

The Urban Lawyer, Vol. 45 (2013)

MSU Legal Studies Research Paper No. 11-13

21 Pages Posted: 31 Jul 2013

Date Written: July 30, 2013

Abstract

In 2011, Michigan changed its emergency financial manager statute drastically, extending the authority of an manager over the local government she or he manages and giving the governor substantially more autonomy when selecting the individuals whose new title, "emergency managers," reflected that their authority was no longer limited to financial matters. These changes gained national attention. Michigan citizens’ resistance and challenges to the state’s new emergency manager statute were substantial, sometimes taking place in courtrooms and, in November, 2012, at the ballot box. At the time of publication, Michigan enacted yet another emergency manager statute, and although that statue curtails emergency mangers’ authority in some respects, it retains many of its predecessor’s shortcomings. The question of the proper role of a state in school districts’ fiscal crises is an important one. Like Michigan, numerous states have been grappling with that question — Indiana, Missouri, and Rhode Island, for example. Accordingly, learning about what has been happening in Michigan provides an exceptional opportunity for legislators, attorneys, academics, and advocates from across the country to reflect on how their own states should assist school districts in fiscal crisis, and when state intervention goes too far.

Keywords: takeover, family law, children, child, law, education

Suggested Citation

Bowman, Kristine L., State Takeovers of School Districts and Related Litigation: Michigan as a Case Study (July 30, 2013). The Urban Lawyer, Vol. 45 (2013), MSU Legal Studies Research Paper No. 11-13, Available at SSRN: https://ssrn.com/abstract=2303857

Kristine L. Bowman (Contact Author)

Michigan State University ( email )

620 Farm Lane
East Lansing, MI 48824-1300
United States

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