School Finance, Race, and Reparations
Forthcoming, Washington and Lee Journal of Civil Rights and Social Justice
62 Pages Posted: 5 Feb 2021
Date Written: January 14, 2021
In this article we explain why and how school finance reform should be a part of a reparations program for Black Americans. This article proceeds in six parts. Part I explains how Black-white school funding disparities occurred during the separate-but-equal era. Part II discusses how these funding disparities have occurred in the aftermath of the Brown decision. Parts III and IV explore why school desegregation and school finance litigation, respectively, have failed to remedy these gaps. Part V lays out a reparations framework that state legislatures could adopt to provide restitution to schools and taxpayers harmed by state policies creating Black-white racial funding disparities. Part VI discusses the role that the federal government could play in a school finance reparations program.
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