EE 073 562 DOCUMENT RESUME EA 004 962 Alexander, Kern, Ed

DOCUMENT RESUME EE 073 562 80 EA 004 962 AU'IHCi Alexander, Kern, Ed.; Jordan, K. Forbis, Ed. TITLE Constitutional Reform of School Finance. INSTITUTION National Educational Finance Project, Gainsville, Fla. SPONS AGENCY Office of Education (CHEW), Washington, C.C. PILL DATE Nov 72 NOTE 229p.; Papers presented at law andeducation conference (Indianapolis, Indiana, Spring,1972) ELRS PRICE MF-$0.65 HC-$9.87 DESChIPTORS Conference Reports; Court Cases; *Educational Finance; *Education Vouchers; *Equal Education; Equalization Aid; Expenditure Per Student;Federal Aid; *Full State Funding; *Parochial School.Aid; Property Taxes; School Taxes; Speeches: State Aid IDENTIFIERS Elementary Secondary Education Act Title V; ESEA Title V ABSTRACT This book contains conferencepapers by experts in educational administration, law, andeconomics. Six of the papers are devoted to a legal analysis of fiscalinequality among school attendance units, school districts, and States.These contributions are: (1) K. Forbis Jordan and Kern Alexander, "ConstitutionalMethods of Financing Public Schools";(2) Richard A. Rossmiller, "FullState Funding: An Analysis and Critique"; (3) Kern Alexander, "Constitutionality of Federal School Aid Formulas"; (4)D. Brock Hornty and George W. Holmes, "Equalizationof Resources Within School Cistricts";(5) Jo Desha Lucas, "An Overextension ofEqual Protection"; and (6) Roe L. Johns, "Some CriticalIssues in School Financing." Three concluding papers providea pro and con discussion of public aid to parochial schools whereinboth legal and economic aspects of alternative financing schemesare brought into play. These contributions include: (1) William E.McManus, "Future Financing of Nonpublic Schools"; (2) Edd Doerr, "Implications of SupremeCourt Decisions for Public Aid to Parochial Schools";and (3) Frederick O. Goddard and Irving J. Goffman, "EducationalVouchers: Pro and Con." (Author/JF) U S DEPARTMENT OF HEALTH, EDUCATION & WELFARE OFFICE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO OUCED EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIG INATING IT POINTS OF VIEW OR OPIN IONS STATED DO NOI NECESSARILY REPRESENT OFFICIAL OFFICE OF CPU CATION POSITION OR POLICY Constitutional Reform Of School Finance FILMED PROMBEST AVAILABLE COPY Edited by Kern Alexander and K. Forbis Jordan National Educational Finance Project NATIONAL EDUCATIONAL FINANCE PROJECT KERN ALEXANDER, Project Director ROE L. JOHNS, State Assistance Director K. FORBIS JORDAN, Research Director PROJECT COMMITTEE FLOYD CHRISTIAN GARVIN H. JOHNSTON Commissioner of Education, Superintendent of Public Florida Administering Instruction, Mississippi State KENNETH MADDEN DON BARNHART Commissioner of Education, State Superintendent, Delaware South Dakota LYMAN GINGER J. W. EDGAR Superintendent of Public Commissioner of Education, Instruction, Kentucky Texas PROGRAM ADMINISTRATORS U. S. Office of Education HARRY PHILLIPS JAMES GIBBS DAVID PHILLIPS Financed by Funds Provided Under The Elementary and Secondary Education Act of 1965 (Public Law 89-10, Title V, Sec. 505) and Sponsoring States. This public document was promulgated at a cost of $1.80 per copy to provide informo- tionto and strengthenstateeducation agencies. TABLE OF CONTENTS CHAPTER 1 Page CONSTITUTIONAL METHODS OF FINANCING PUBLIC SCHOOLS K. Fortis Jordan Professor, Educational Administration, University of Florida, and Research Director, NationalEducational Finance Project and Kern Alexander Professor, Educational Administration, University of Florida, and Project Director, National Educational Finance Project CHAPTER 2 FULL STATE FUNDING: AN ANALYSIS AND CRITIQUE Richard A. Rossmiller Professor and Chairman, Department of Educational Administrat University of Wisconsin, Madison CHAPTER 3 CONSTITUTIONA7,ITY OF FEDERAL SCHOOL AID FORMULAS Kern Alexander 73 CHAPTER 4 EQUALIZATION OF RESOURCES WITHIN SCHOOL DISTRICTS D. Brock Hornby Assistant Professor- of Law University of Virginia and George W. Holmes Professor of Education University of Virginia. 93 CHAPTER 5 AN OVEREXTENSION t F EQUAL PROTECTION Jo Desha Lucas Professor of Law University of Chicago CHAPTER 6 SOME CRITICAL ISSUES IN SCHOOL FINANCING Roe L. Johns Professor Emeritus Department of Educational Administration University of Florida, and State Assistance Director National Educational Finance Project 157 CHAPTER 7 FUTURE FINANCING OF NONPUBLIC SCHOOLS Bishop William E. McManus Director of Catholic Education Archdiocese of Chicago. 171' CHAPTER 8 IMPLICATIONS OF SUPREME COURT DECISIONS PUBLIC AID TO PAROCHIAL SCHOOLS Edd Doerr Educational Relations Director Americans United for Separation of Church and State and Managing Editor Church & State Review. 185 CHAPTER 9 EDUCATIONAL VOUCHERS: PRO AND CON Frederick O. Goddard Associate Professor of Economics University of Florida and Irving J. Goffman Professor of Economics University of Florida . 207 Pre ace Today as never before thecourts are being called upon to solve the perplexing problems of schoolfinance. Although the legal questions are many and complex,two major thrusts of cases are apparent, one is toward establishment of judicial standards for equal treatment of childrenattending public schools and the other involves thepervasive question of public aid for parochial schools. It is these twoimportant issues to which the authors of this book addressthemselves. Chapters one through six are devoted to a legal analysis of 'fiscalinequality among school attendance units,among school districts and among states. Chapters seven throughnine provide a pro and con discussion of public aid to parochialschools. Both the legal and economic aspects of alternativefinancing schemes are brought into play. The authors have been drawn fromvariousfields and represent a wide range of perspectives and interests.Professors Alexander, Holmes, Johns, Jordan and Rossmillerare from the field of educational administration ingeneral, and school finance in particular. All have been deeplyinvolved in the analysis and design of state school supportprograms for sev- eral years. Professors Hornby and Lucasare faculty members in outstanding colleges of law. ProfessorsGoddard and Goff- man are from the field of economics and participated invarious efforts of the National Educational FinanceProject and the President's Commission on School Finance. The chapterscon- cerning financing of non-public schools writ'?n by McManus and Doerr, two articulate spokesmenon the issue, represent different points of view. this discussion of equity in financing the public schools and the constitutionality of aid to parochial schools, certain authors are obviously advocates for particular positions, the reader is cautioned to keep this in mind as he reads each chap- .: The goal of the editors has been to present a resource book which will provide guidance for school fiscal plannersas they develop state school support programs. This volume is a compilation of papers presented toa conference on law and education held in Indianapolis, Indiana in the Spring of 1972. The conference wassponsored by thd National Educational Finance Project incooperationwith Phi Delta Kappa, The University Council of Educational Admini- stration, The University of Florida, The University of Virginia and Indiana University. Kern Alexander K. Forbis Jordan November, 1972 CHAPTER1 Constitutional Methods of Financing Public 'Schools K. FORB1S JORDAN AND KERN ALEXANDER During the past few years the constitutional rights of students have been continually expanded, placing new limitations and restrictions on the police power of the state to regulate and control education.1 Courts once obliquely maintained that education was a privilege bestowed upon the individual by the goodwill of the state and that it could be altered or even taken away at state discretion. Today, howcser, this judicial attitude has changed to the concept that the student now possesses a constitutional right to an education. The theory that education is a right has manifested itself in constitutional protections for students in both the substantive and procedural aspects of constitutional law. The equal protection clause of the 14th Amendment has been the primary vehicle by which the courts have expanded individual rights. With the desegregation cases as the basic source of precedent, the courts have recently reached the point of in- voking equal protection rights as a means of forcing redistri- bution of state tax funds for education. The cases harbor vast legal implications, not the least of which is their impact on the traditional role of the legislature with regard to govern- The authors are respectively: Professor, Educational Administration, University of Florida, and Research Director, National Educational Fin- ance Project; and Professor, Educational Administration, University of Florida, and Director, National Educational Finance Project. Two Criticissues In Shoot finance mental finance, Of all of the powers possessed by the legisla- tive branch of government, the discretionary power to tax and distribute resources is the most fundamental and jealous- ly guarded. These cases, therefore, representa giant step in constitutional legal precedent because they involve limitations not only on the police power of the state to regulate and control education but also restrict a state's power to devise and regulate its own system of taxation. Both of these issues have traditionally formed almost entirely separate precedents in constitutional law. This discussion will give the reader a view of these

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