The Hobgoblin of Finance Reform Finance almost always involve how monies are procured, distributed, and with what accountability. Funding Public education is of no exception; it can either become a burden or an honor to support. Fortunately the federal and state governments have held to the latter attitude.

Finance Reform Waves of legal history Waves of legal history California’s legal history California’s legal history Current issues left to solve Current issues left to solve

Waves of Legality Federal equal protection and the 14th Amendment ( ) Federal equal protection and the 14th Amendment ( ) State Law Equity ( ) State Law Equity ( ) Adequacy ( present) Adequacy ( present)

Pleading the 14th Amendment From the Civil War fight to resolve the slavery issues to the fight for the right to be educated, the 14th Amendment to the Constitution has been used as a broad brush for equality. The Supreme Court has been assailed from all directions to ensure that all citizens are equal under the laws of this great nation. From the Civil War fight to resolve the slavery issues to the fight for the right to be educated, the 14th Amendment to the Constitution has been used as a broad brush for equality. The Supreme Court has been assailed from all directions to ensure that all citizens are equal under the laws of this great nation.

Federal Equal Protection: 3 tests for violation Strict Scrutiny Strict Scrutiny Fundamental Rights - press, speech, assembly, due process Fundamental Rights - press, speech, assembly, due process Suspect Classification - race, religion, origin, alienage Suspect Classification - race, religion, origin, alienage Rational - the compelling reason for action Rational - the compelling reason for action Fiscal Neutrality - Equity Fiscal Neutrality - Equity

Federal Equal Protection: 3 tests for violation Serrano v. Priest, 5 Cal. 3d 584, 96 Cal. Rptr. 601, 487 P.2d 1241 (1971). Serrano v. Priest, 5 Cal. 3d 584, 96 Cal. Rptr. 601, 487 P.2d 1241 (1971). San Antonio Independent School Dist. v. Rodriguez, 411 U.S. 1 (1973). San Antonio Independent School Dist. v. Rodriguez, 411 U.S. 1 (1973).

State Law Equity Similar to the federal ruling with additions based upon state sovereignty and the rights of the individual state constitutions Similar to the federal ruling with additions based upon state sovereignty and the rights of the individual state constitutions A “thorough and efficient education” A “thorough and efficient education” Became an added headache to the Supreme Court Became an added headache to the Supreme Court

State Law Equity Robinson v. Cahill, 303 A.2d 273 (N.J. 1973). Robinson v. Cahill, 303 A.2d 273 (N.J. 1973). Serrano v. Priest, 18 Cal. 3d 728, 135 Cal. Rptr. 345, 557 P.2d 929 (1976). Serrano v. Priest, 18 Cal. 3d 728, 135 Cal. Rptr. 345, 557 P.2d 929 (1976). California’s Proposition 13 California’s Proposition 13

Adequacy: Points to Consider Terms of the educational clause - system or quality or both? Terms of the educational clause - system or quality or both? History of the original framers - meaning? History of the original framers - meaning? The demand for criteria of the adequacy argument. The demand for criteria of the adequacy argument. Adequacy + Standards = Resources or Achievement Outcomes? Adequacy + Standards = Resources or Achievement Outcomes?

Adequacy: Points to Consider Pauly v. Bailey, C.A. No (Cir. Ct. Kanawha Cty., W. Va. 1982). Pauly v. Bailey, C.A. No (Cir. Ct. Kanawha Cty., W. Va. 1982). Rose v. Council for Better Education, Inc., 790 S.W.2d 186 (Ky. 1989). Rose v. Council for Better Education, Inc., 790 S.W.2d 186 (Ky. 1989). Abbott v. Burke, (I-VI; 1985, 1990, 1994, 1997, 1998). Abbott v. Burke, (I-VI; 1985, 1990, 1994, 1997, 1998). Leandro v. State, 488 S.E.2d 249 (N.C. 1997). Leandro v. State, 488 S.E.2d 249 (N.C. 1997).

California’s Legacy 1872 California established compulsory education law 1872 California established compulsory education law Pre local control and accountability for schools; majority funding was based on property tax revenues Pre local control and accountability for schools; majority funding was based on property tax revenues Post state control via the legislature; majority funding comes from the state Post state control via the legislature; majority funding comes from the state

California’s Legacy Serrano Part 1 (1971) & Part 2 (1976) Serrano Part 1 (1971) & Part 2 (1976) Senate Bill 90 (1972) Senate Bill 90 (1972) Proposition 13 (1978) Proposition 13 (1978) Proposition 4 (Gann Limit) Proposition 4 (Gann Limit) Assembly Bill 8 (1979) Assembly Bill 8 (1979) Proposition 98 (1988) Proposition 98 (1988) Proposition 111 (1990) Proposition 111 (1990) Standards - “Getting down to facts” (2007) Standards - “Getting down to facts” (2007)

Current Issues Left to Solve Student Count - ADA, ADM or FTE? Student Count - ADA, ADM or FTE? Mandate Funding Mandate Funding Adequacy, Truth, and Education Adequacy, Truth, and Education Funding Sources Funding Sources Implementation of outputs Implementation of outputs Rigorous academic control standards Rigorous academic control standards Performance benchmarks and statewide testing Performance benchmarks and statewide testing NCLB requirements NCLB requirements

Challenge Question With California’s demand for educational service and notorious track record for wanting a “free lunch,” who is willing to go the distance and pay for the changes? With California’s demand for educational service and notorious track record for wanting a “free lunch,” who is willing to go the distance and pay for the changes?

References Edsource (2007, May/June). Education by the numbers. Leadership, Edsource (2007, May/June). Education by the numbers. Leadership, Edsource (2007, May/June). Finding answers to questions about school finance. Leadership, Edsource (2007, May/June). Finding answers to questions about school finance. Leadership, McFadden, B. (2006, Jan./Feb.). The politics of adequate funding. Leadership, McFadden, B. (2006, Jan./Feb.). The politics of adequate funding. Leadership, Odden, A., & Picus, L. (2007). School finance: A policy perspective (4th ed.). New York: McGraw Hill. Odden, A., & Picus, L. (2007). School finance: A policy perspective (4th ed.). New York: McGraw Hill. Perry, M. (2006, Jan./Feb.). Shedding the light, reducing the heat. Leadership, Perry, M. (2006, Jan./Feb.). Shedding the light, reducing the heat. Leadership,

References Reich, R. (2006, December). Equality and adequacy in the states provision of education: Mapping the conceptual landscape. Paper presented for research design of “Getting Down to Facts.” Palo Alto, CA: Stanford University. Reich, R. (2006, December). Equality and adequacy in the states provision of education: Mapping the conceptual landscape. Paper presented for research design of “Getting Down to Facts.” Palo Alto, CA: Stanford University. Timer, T. (2006, September). How California funds K-12 education. Paper presented at the meeting of the Institute for Research on Educational Policy and Practice. Palo Alto, CA: Stanford University. Timer, T. (2006, September). How California funds K-12 education. Paper presented at the meeting of the Institute for Research on Educational Policy and Practice. Palo Alto, CA: Stanford University. Tran, S. (2006, Jan./Feb.). Aligning resources and expectations. Leadership, Tran, S. (2006, Jan./Feb.). Aligning resources and expectations. Leadership, Wells, B., Gorden, K., & Hamilton, D. (2007, May/June). Investing in our public schools. Leadership,, Wells, B., Gorden, K., & Hamilton, D. (2007, May/June). Investing in our public schools. Leadership,, 8-10.