Composing a Literary Adoption Memoir and Self Through Creative No
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University of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative NolabamaAdam s. CohenAmerican Civil Liberties UnionHelen HershkoffAmerican Civil Liberties UnionFollow this and additional works at: https://repository.law.umich.edu/mjlr& Part of the Constitutional Law Commons, Education Law Commons, Litigation Commons, and theState and Local Government Law CommonsRe Composing a Literary Adoption Memoir and Self Through Creative Nocommended CitationMartha I. Morgan, Adam s Cohen & Helen Hershkoff, Establishing Education Program Inadequacy: The Alabama Example. 28 u. Mich. J. L.Composing a Literary Adoption Memoir and Self Through Creative No
Reform 559 (1995).Available at: https://repository.law.umich.edU/mjlr/vol28/iss3/5This Symposium Article is brought to you for free and open access byUniversity of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative NoUniversity of Michigan Journal of Lav/ Reform by an authorized editor of University of Michigan Lav/ School Scholarship Repository For more information, please contact mlaw repository@umich.edu.ESTABLISHING EDUCATION PROGRAM INADEQUACY: THE ALABAMA EXAMPLEMartha I. Morgan* •• Adam s. Cohen” Helen He Composing a Literary Adoption Memoir and Self Through Creative NorshkofT”The authors draw on their experience as attorneys for a statewide class of plaintiff school children in the liability phase of ongoing publicComposing a Literary Adoption Memoir and Self Through Creative No
education reform litigation in Alabama to demonstrate the availability of state and nationally recognized standards concerning educational resources (University of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative Nosfy constitutional mandates of educational adequacy. The Article discusses the usefulness and limitations of using such standards as a starting point in a court’s constitutional analysis. It suggests an integrated approach that links input and output standards from both state and national sources to Composing a Literary Adoption Memoir and Self Through Creative No provide inter-related evidence of inadequacy while maintaining allegiance to constitutional adequacy guarantees as the ultimate standard against whicComposing a Literary Adoption Memoir and Self Through Creative No
h all other standards, including state statutes and regulations, must be judged.IntroductionIn the four decades since the Supreme Court decided Brown University of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative No the American Civil Liberties Union (ACLU) of Alabama, Professor Morgan represents the Harper plaintiffs in the Alabama school reform litigation discussed in this Article.•• B.A. 1984, Harvard College; J.D. 1987, Harvard Law School. As a staff attorney for the national office of the ACLU from 1991 t Composing a Literary Adoption Memoir and Self Through Creative Noo 1995, Mr. Cohen represented the Harper plaintiffs in the Alabama school reform litigation discussed in this Article.Associate Legal Director of theComposing a Literary Adoption Memoir and Self Through Creative No
ACLU from 1987 to 1995. B.A. 1973, Harvard-Radcliffe College; B A. 1975 (MA. 1979), Oxford University; J.D. 1978, Harvard Law School. Ms. Hershkoff reUniversity of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative Noions that provided extraordinary work on behalf of the Alabama schoolchildren, including Robert Segall and Richard Izzi, cooperating attorneys for the ACLU of Alabama; Olivia Turner, Executive Director, and James Tucker, staff attorney, of the ACLU of Alabama; Robin Dahlberg, Rossiya Fajardo, Julie Composing a Literary Adoption Memoir and Self Through Creative NoFernandes, Chris Hansen, Eileen Hershenov, Reginald Shuford, and Jonathan Weissglass of the ACLU; and the law firm of Skadden, Arps, Slate, Meagher &Composing a Literary Adoption Memoir and Self Through Creative No
Flom. The ideas expressed in this Article do not necessarily reflect the views of the Harper litigation team, the ACLU, or the ACLU of Alabama. SupporUniversity of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative Noty of Michigan Journal of Law lieform [Vol. 28:3 primarily on the goal of providing all children with equal educational opportunity.2 While the first lawsuits addressed the stark inequalities in public education based on race,3 later litigation focused on wealth-based inequities in the nation’s educ Composing a Literary Adoption Memoir and Self Through Creative Noation system, which allegedly led to children from poorer school systems receiving worse educations than children from wealthier school systems in vioComposing a Literary Adoption Memoir and Self Through Creative No
lation of state constitutional equity guarantees.4In recent years, advocates and policymakers have begun to realize that exclusive reliance on the traUniversity of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative Noether school districts receive commensurate funding for their students’ education.6 Under an equity theory, a school system could be judged legally satisfactory even if students are receiving a poor education as long as all students in the state are receiving the same poor education. The most recent Composing a Literary Adoption Memoir and Self Through Creative No wave of education reform litigation has thus turned to a new approach, based on constitutional principles of educational adequacy, in an effort to imComposing a Literary Adoption Memoir and Self Through Creative No
prove public schooling.7In contrast to the traditional equity approach, the principle of adequacy looks at the quality of education that students receUniversity of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative Noreceive but also will prepare them in absolute terms for higher education, skilled employment, and other experiences of adult life such as civic participation.9 Adequacy theories are not a substitute for equity theories. Rather, they should be used in conjunction with equity theories to ensure that Composing a Literary Adoption Memoir and Self Through Creative Noall children receive an education that (1) affords equal opportunity to all children, consistent with2See Julie K. Underwood, School Finance AdequacyComposing a Literary Adoption Memoir and Self Through Creative No
as Vertical Equity, 28 u. Mich. J.L. Ref. 493, 496 (1995).3E.g., Brown, 347 U.S. at 483.4See Underwood, supra note 2, at 496, 500, 502-10. See generalUniversity of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of Al Composing a Literary Adoption Memoir and Self Through Creative Nohe most productive current method of educational reform).5See infra note 11; William H. Clune, The Shift from Equity to Adequacy in School Finance, 8 Eouc. POL*Y 376, 377 (1994). Composing a Literary Adoption Memoir and Self Through Creative NoUniversity of Michigan Journal of Law ReformVolume 281995Establishing Education Program Inadequacy: The AlabamaExampleMartha I. MorganUniversity of AlGọi ngay
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