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92 N.Y.U. L. Rev. 2169 (2017)
Educational Opportunity for All: Reducing Intradistrict Funding Disparities

handle is hein.journals/nylr92 and id is 2207 raw text is: 






  EDUCATIONAL OPPORTUNITY FOR ALL:
              REDUCING INTRADISTRICT
                   FUNDING DISPARITIES


                             LAUREN A. WEBB*

        It is a common refrain in American education that the quality of a student's
     education should not depend on his or her zip code. Yet American public educa-
     tion consistently falls short: Many schools and districts, in particular those with
     large populations of low-socioeconomic status (low-SES) and minority students, do
     not receive the funding necessary to provide their students with educational oppor-
     tunities equal to those in wealthier schools. Plaintiffs in many states have sought to
     improve educational equity by using litigation to attack disparities in funding
     between districts. However, intradistrict inequity-the inequitable funding of
     schools within the same district-has persisted throughout the United States to the
     detriment of low-SES students around the country. This Note argues that these
     funding disparities can and should be addressed through both courts and policy
     changes. Students, families, and other parties harmed by intradistrict funding dis-
     parities should use state courts and state constitutions' education clauses to extend
     previous interdistrict school funding victories and to force policymakers to imple-
     ment more equitable intradistrict funding. Policymakers should implement school
     funding policies that promote comprehensive equity and take into account relevant
     student characteristics, including low socioeconomic status. These policies should
     promote comprehensive equity by providing all schools with base funding sufficient
     to give each student an adequate education and by distributing any funding beyond
     that amount equitably across schools in accordance with their students'
     characteristics.

INTRODUCTION      .................................................. 2170
     I. THE FAILURE OF SCHOOL FUNDING TO PROMOTE
        EQUITY    ..................................................     2175
        A. Interstate and Interdistrict Funding Inequity ......... 2177
        B. Persisting Intradistrict Funding Disparities .......... 2178
             1.   O hio ............................................     2179
             2. Indianapolis, Indiana ........................... 2180
        C. How Intradistrict Inequity Develops ................. 2181
    II. PREviOus EFFORTS TO IMPROVE SCHOOL FUNDING
        E QUITY   ..................................................     2185
        A. Interdistrict Litigation ............................... 2185

   * Copyright © 2017 by Lauren A. Webb. J.D., 2017, New York University School of
Law; B.A., 2014, Emory University. I would like to thank Professor Paulette Caldwell, my
Note Editors Stephen Hylas and Neelofer Shaikh, and the editorial staff of the N.Y. U. Law
Review for their helpful feedback and encouragement throughout this process. I would also
like to express my eternal gratitude to my dear high school English teacher, Mrs. Alison
Poindexter, and my AnBryce family, who together provided me with every educational
opportunity imaginable.

                                     2169


Imaged with Permission of N.Y.U. Law Review

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