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82 Neb. L. Rev. 133 (2003-2004)
Rethinking the Equity vs. Adequacy Debate: Implications for Rural School Finance Reform Litigation

handle is hein.journals/nebklr82 and id is 143 raw text is: Anna Williams Shavers* Rethinking the Equity vs. Adequacy Debate: Implications for Rural School Finance Reform Litigation TABLE OF CONTENTS I. Introduction .......................................... 134 II. Equal Education Opportunity for Rural Schools ........ 140 III. Equity vs. Adequacy .................................. 146 A. Equity Finance Litigation ......................... 149 B. Adequacy Litigation ............................... 155 IV. Using Equity Based Theories to Remedy Rural School Finance ............................................... 161 A. A Tale of Two Cases: How Equity Claims Were Successful in Vermont and Wyoming ............... 161 1. Per-Pupil Equality: Brigham v. Vermont ....... 161 a. The Right to Education: Examining the Education Clause .......................... 164 b. Equal Education Opportunities: Applying Equal Protection Principles ................ 166 2. Taxpayer Equity: Campbell County School District v. Wyoming ............................ 167 a. The Wyoming Foundation Plan ............. 167 b. From Hinkle to Campbell: Moving Through the W aves ................................. 170 3. Applicability to Other States ................... 176 B. Federal Solutions ................................. 181 1. Equal Protection ............................... 182 2. Title V I ....................................... 184 3. Additional Legislation ......................... 186 V . Conclusion ............................................ 189 Associate Professor of Law, University of Nebraska College of Law. Funding was provided by The Rural School and Community Trust's Rural Education Finance Center and a McCollum Research Grant from the University of Nebraska College of Law. An earlier version of this paper was presented at the Rural School Fi- nance: Mobilizing Resources for Rural Students Conference, Co-Sponsored by the University of Nebraska College of Law and The Rural School and Community Trust, November 13-15, 2002, Nebraska City, Nebraska.

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