Courthouse, Statehouse, or Both? Redefining Institutional Roles in School Finance Reform

Abstract

For decades, state courts have participated in lawsuits alleging that the school finance systems in their jurisdictions are unconstitutional under state education clauses. Since 1989, plaintiffs have prevailed in twenty out of twenty-nine of these lawsuits. As a result, courts have had the opportunity to pronounce sweeping financial remedies to address the constitutional violations.