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School finance litigation update

In a recent column, Phyllis Schlafly surveyed the current landscape of constitutional challenges to the funding of public schools:

Without national media coverage, litigating lawyers and supremacist judges have been using the judiciary to take control of public schools. In the last 18 months, more spending has been ordered by state supreme courts in Kansas, New York, North Carolina and Montana, and by trial judges in Massachusetts and Texas.

Public schools in 24 states are facing lawsuits from special-interest groups trying to get activist judges to order taxpayers to spend more on schools, money that can come only from higher taxes. Courts are micromanaging schools, telling them how much money to spend and on what, right down to making decisions about computers and textbooks.

Among the most recent developments, the Kansas Supreme Court last month held that state's funding of K-12 to be unconstitutionally inadequate. Schlafly says that the opinion "implied that the state must spend an additional $850 million or more annually on public schools."



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.