Resources

To learn more about the topics discussed throughout this website, please explore the resources listed below. If you have further questions, contact us at info@educationjustice.org.

Litigation

General

Ben Wieder, "Texas among 10 states facing lawsuits over education funding," Washington Post, January 2, 2013.

Bruce D. Baker & Kevin Welner, School Finance and Courts: Does reform matter and how can we tell?, Teachers College Record (in press).

Ellen Boylan, High Quality Pre-K as the First Step in Education Adequacy: Using the Courts to Expand Access to State Pre-K Programs (2007)

Molly A. Hunter, Requiring States to Offer a Quality Education to All Students (2005)

Institute for Educational Equity and Opportunity, A Quality Education for Every Child: Stories from Lawyers on the Front Lines (Book 2009)

Michael A. Rebell, Courts & Kids (Book 2009)

David G. Sciarra, Enhancing Court Capacity to Enforce Education Rights: Judicial Tools Used in Abbot v. Burke (2009)

David G. Sciarra, Koren L. Bell, & Susan Kenyon, Safe and Adequate: Using Litigation to Address Inadequate K-12 School Facilities (2006)

Peter Schrag, Final Test: The Battle for Adequacy in America's Schools (2003)

Southern Education Foundation, Judicial Findings: Egregious Conditions in Public Schools, Appendix 2, No Time to Lose, (2009), by Molly A. Hunter

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Amicus Briefs

Education Justice and ELC have submitted amicus briefs themselves and written briefs for other organizations in numerous educational opportunity lawsuits. The sample of these briefs, below, includes arguments for access to high quality pre-K, justiciability, and other relevant legal positions:

Abbeville County Sch. Dist. v. State Pre-K Amicus Brief (South Carolina 2008)

Bonner v. Daniels Amicus Brief (Indiana 2007)

Campbell v. State Amicus Brief (Wyoming 2006)

CCJEF v. State Amicus Brief (Connecticut 2008)

Lobato v. State Amicus Brief (Colorado 2008)

Lobato v. State Amicus Brief (Colorado 2012)

CQE and Robles-Wong v. State Amicus Brief (California 2013)

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Plaintiff and Defendant Victories

 

Policy

Achievement Gap

The Achievement Gap website is devoted to the issues and research surrounding the achievement gap in education.

Charles E. Basch, Healthier Students are Better Learners: A Missing Link in School Reforms to Close the Achievement Gap, Equity Matters: Research Review No. 6 (2010)

Arnold F. Fege, Next Phase of ESEA Reauthorization: Closing the Opportunity Gap, Remarks at Forum on Educational Accountability Hill Briefing, "All Children Deserve the Opportunity to Learn" (2010)

 

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Assessments and Accountability

Paul E. Barton & Richard J. Coley, Windows on Achievement and Inequality, ETS (2008)

Emily Bloomenthal, NAEP Scores Are Up, Media Blind to Gains, Education Justice Newsletter (2010)

Center on Education Policy, The Good News Behind Average NAEP Scores (2006) 

The Forum for Education and Democracy, Federal Performance Assessments (2008)

Forum on Educational Accountability, Assessment and Accountability for Improving Schools and Learning: Principles and Recommendations for Federal Law and State and Local Systems (2007)

Michelle Fine et al., New Jersey Special Review Assessment (2007)

Partnership for Learning & Mass Insight Education, Benchmarks for an Effective State Standards & Testing Strategy: Lessons from the Front Lines of Standards-based Reform in two National-Model States (2004)

Richard Rothstein, Grading Education: Getting Accountability Right, Economic Policy Institute, Teachers College Press (2008)

 

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Charters & Vouchers

Robert Bifulco, Helen Ladd, & Stephen Ross, Public School Choice and Integration: Evidence from Durham, NC (2008)

Center for Research on Education Outcomes (CREDO), Multiple Choice: Charter School Performance in 16 States, Stanford University (2009)

Erica Frankenberg, Genevieve Siegel-Hawley, & Jia Wang, Choice Without Equity: Charter School Segregation and the Need for Civil Rights Standards, The Civil Rights Project (2010)

Gary Miron et al., Schools without Diversity: EMOs, Charter Schools and the Demographic Stratification of the American School System (2010)

School Choice Demonstration Project, Milwaukee Parental Choice Program Longitudinal Educational Growth Study: Third Year Report (2010, annual updates anticipated)

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Cost Studies

Education cost studies have assisted legislatures, governors and state courts. Below is a sample of recent studies:

Arkansas: Allan Odden, Lawrence O. Picus, & Michael Goetz, Recalibrating the Arkansas School Funding Structure (2006)

Kansas: Legislative Post-Audit Committee, Elementary and Secondary Education in Kansas: Estimating the Costs of K-12 Education Using Two Approaches (2006) 

New Mexico American Institutes for Research, An Independent Comprehensive Study of the New Mexico Public School Funding Formula: Volume I - Final Report (2008)

Pennsylvania legislation authorizing state-level cost study, HB185 (2006)

Pennsylvania, Augenblick, Palaich & Associates, Inc., Costing Out the Resources Needed to Meet Pennsylvania's Education Goals (2007)

Pre-K: Clive Belfield & Heather Schwartz, The Cost of High-Quality Pre-school Education in New Jersey (2007)

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Education, a Civil Right

Leadership Conference on Civil Rights Education Fund, Realize the Dream: Quality Education is a Civil Right (n.d.)

National Alliance of Black School Educators

National Coalition on School Diversity

Southern Education Foundation, No Time to Lose: Why America Needs an Education Amendment to the US Constitution to Improve Public Education (2009)

Elizabeth Sullivan, Civil Society and School Accountability: A Human Rights Approach to Parent and Community Participation in Schools, Center for Economic and Social Rights and New York University Institute for Education and Social Policy (2003)

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Facilities

School facilities are crucial to learning. The articles, reports, and studies, below, provide an introduction to school facilities issues. The 2010 “Buildings for Academic Excellence” is the most recent available.

EPA Indoor Air Quality and Student Performance 2003

Mary W. Filardo et. al, Growth and Disparity: A Decade of U.S. Public School Construction, Building Educational Success Together (2006)

Molly A. Hunter, Building a Sustained School Facilities Remedy, Education, Equity, and the Law (2010)

Frank Patinella & Bebe Verdery, Buildings for Academic Excellence: A Vision and Options to Address Deficient School Facilities in Baltimore City, ACLU-MD (2010)

David G. Sciarra, Koren L. Bell, & Susan Kenyon, Safe and Adequate: Using Litigation to Address Inadequate K-12 School Facilities (2006)

Mark Schneider,  Do School Facilities Affect Academic Outcomes? National Clearinghouse for Educational Facilities (2002)

Through your Lens, Student and Teacher Views of Facilities, 21st Century School Fund, Critical Exposure, & Healthy Schools Campaign (2009)

Building Educational Success Together (BEST)

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Funding Systems

Bruce Baker, Lori Taylor, & Arnold Vedlitz, Adequacy Estimates and the Implications of Common Standards for the Cost of Instruction, Report to the National Research Council (2008)

Bruce D. Baker & Kevin G. Welner, Premautre Celebrations: the persistence of inter-district funding disparities, Education Policy Analysis Archives (2010)

Molly A. Hunter, Building a Sustained School Facilities Remedy, Education, Equity, and the Law (2010)

School Finance 101 Blog - Sophisticated data analyses and thoughts on school funding in the U.S. by Dr. Bruce Baker

 

 

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High School Issues

Paul E. Barton, Chasing the High School Graduation Rate: Getting the Data We Need and Using It Right, ETS (2009)

Paul E. Barton, One-Third of a Nation: Rising Dropout Rates and Declining Opportunities, ETS (2005)

Phillip Handwerk et. al., Access to Success: Patterns of Advanced Placement Participation in U.S. High Schools, ETS (2008)

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Integration

Mi-Kyung Back et al., K-12 Diversity: Strategies for Diverse and Successful Schools, Kirwan Institute (2007)

National Coalition on School Diversity

Anurima Bhargava, Erica Frankenberg, & Chinh Q. Le,  Still Looking to the Future, Voluntary K-12 School Integration: A Manual for Parents, Educators, & Advocates, NAACP Legal Defense & Education Fund & The Civil Rights Project (2008)

Gary Orfield, Reviving the Goal of an Integrated Society: A 21st Century Challenge, The Civil Rights Project (2009)

Gary Orfield & Chungmei Lee, Why Segregation Matters: Poverty and Educational Inequality, The Civil Rights Project (2005)

Parents Involved in Community Schools v. Seattle Sch. Dist. No. 1 Amicus Brief of the American Educational Research Association (2006)

Marguerite L. Spencer & Rebecca Reno, The Benefits of Racial and Economic Integration in our Education System: Why This Matters for Our Democracy, Kirwan Institute (2009)

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Opportunity To Learn

Charles E. Basch, Healthier Students are Better Learners: A Missing Link in School Reforms to Close the Achievement Gap, Equity Matters: Research Review No. 6 (2010)

Arnold F. Fege, Next Phase of ESEA Reauthorization: Closing the Opportunity Gap, Remarks at Forum on Educational Accountability Hill Briefing, "All Children Deserve the Opportunity to Learn" (2010)

Forum on Educational Accountability, Opportunity to Learn Must be Central to ESEA Reauthorization (2010)

Civil Rights Organizations' Framework for Providing All Students an Opportunity to Learn (2010)

Molly A. Hunter, Opportunity to Learn, Forum on Educational Accountability's, and the Forum's Recommendations for OTL in ESEA Reauthorization, Remarks at Forum on Educational Accountability Hill Briefing, "All Children Deserve the Opportunity to Learn" (2010)

Opportunity Gaps in Public Education Must Be Closed, A Resource of the National Council of Churches Committeeon Public Education and Literacy (n.d. 2010)

Heather G. Peske & Kati Haycock, Teaching Inequality: How Poor and Minority Students are Shortchanged on Teacher Quality, A Report and Recommendations by the Education Trust (2006)

Richard Rothstein, Rebecca Jacobsen, & Tamara Wilder A Report Card on Comprehensive Equity: Racial Gaps in the Nation's Youth Outcomes, The Campaign for Educational Equity and the Economic Policy Institute (2008)

Schott Foundation: Lost Opportunity: A 50 State Report on the Opportunity to Learn in America, (n.d. 2009)

Schott Foundation for Public Education, National Opportunity to Learn Campaign: Federal Recommendations, Schott Foundation for Public Education (n.d. 2009)

National Opportunity to Learn Campaign

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Parent & Community Involvement

Elizabeth Sullivan, Civil Society and School Accountability: A Human Rights Approach to Parent and Community Participation in NYC Schools, Center for Economic and Social Rights & New York University Institute for Education and Social Policy (2003)

Brenda J. Tumball, Citizen Mobilization and Community Institutions: The Public Education Network's Policy Initiatives (2006)

We Interrupt this Crisis with Our Side of the Story: Relationships between South Los Angeles Parents and Schools, CADRE & Justice Matters (2004)

Whose Schools? Our Schools! Get Involved! An Action Guide for Parent Involvement in Education, Advancement Project

National Coalition for Parent Involvement in Education

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Poverty and Out-of-school Effects

David C. Berliner, Our Impoverished View of Educational Reform, Pre-Print Version, Published in Teachers College Record (2005)

David C. Berliner, Poverty and Potential: Out-of-School Factors and School Success, Great Lakes Center for Education Research & Practice (2009)

Henry M. Levin, What are the Mechanisms of High Poverty Disadvantages?: On the Relationship Between Poverty and Curriculum, North Carolina Law Review (2007)

Lawrence Mishel & Richard Rothstein, Schools as Scapegoats, The American Prospect (2007)

Richard Rothstein, "A Nation at Risk" Twenty-Five Years Later, Cato Unbound (2008)

Richard Rothstein Whose Problem is Poverty?, Educational Leadership (2008)

Richard Rothstein, Class and Schools: Using Social, Economic, and Educational Reform to Close the Black–White Achievement Gap, Economic Policy Institute (2004)

Deborah Yaffe, After the Bell Rings: Learning Outside of the Classroom and Its Relationship to Student Academic Achievement, ETS Policy Notes (2010)

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Programs that Work

Greg Anrig, Building on Success: Educational Strategies that Work, The Century Foundation (2009)

Paul E. Barton, High School Reform and Work: Facing Labor Market Realities, ETS (2006)

Henry Braun et. al., Exploring What Works in Science Instruction: A Look at the Eighth-Grade Science Classroom, ETS (2009)

Linda Darling-Hammond. The Flat World and Education: How America's Commitment to Equity Will Determine Our Future, Teachers College Press (2010)

Jeremy D. Finn, Susan B. Gerber, & Jayne Boyd-Zaharias, Small Classes in the Early Grades, Academic Achievement and Graduating from High School, Journal of Educational Psychology (2005)

Margaret E. Goertz & Michael Weiss, Assessing Success in School Finance Litigation: The Case of New Jersey, Education, Equity, and the Law (2009)

Catherine M. Millett & Michael T. Nettles Developing High-Potential Youth Program: A Return On Investment Study for U.S. Programs, The Goldman Sachs Foundation & ETS (2010)

Janet Quint et al., Relationships, Rigor, and Readiness: Strategies for Improving High Schools, MDRC (2008)

Kellie Rolstad, Kate Mahoney, & Gene V Glass, The Big Picture: A Meta-Analysis of Program Effectiveness, Research on English Language Learners, Educational Policy (2005)

United States Government Accountability Office, Student Achievement: Schools Use Multiple Strategies to Help Students Meet Academic Standards, Especially Schools with Higher Proportions of Low-Income and Minority Students (2009)

Deborah Yaffe, Addressing Achievement Gaps: School Finance and the Achievement Gap, Funding Programs That Work, ETS Policy Notes (2008)

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School Discipline and School-to-Prison Pipeline

Are Zero Tolerance Policies Effective in the Schools?: An Evidentiary Review and Recommendations, American Psychological Association Zero Tolerance Task Force, American Psychologist (2008)

BV v. NYC Complaint regarding school discipline in New York City (New York 2010)

Dismantling the School to Prison Pipeline, NAACP Legal Defense and Education Fund (n.d.)

Education on Lockdown: The Schoolhouse to Jailhouse Track, Advancement Project (2005)

Catherine Y. Kim & I. India Geronimo, Policing in Schools: Develpoing a Gvoernance Document for School Resource Officers in K-12 Schools, American Civil Liberties Union (2009)

Opportunities Suspended: The Devastating Consrquences of Zero Tolerance and School Discipline Policies, Advancement Project & The Civil Rights Project (2000)

Russell J. Skiba, Zero Tolerance Zero Evidence: An Analysis of School Disciplinary Practice, Indiana Education Policy Center (2000)

Elizabeth Sullivan  & Elizabeth Keeney, Teachers Talk: School Culture, Safety and Human Rights, National Economic and Social Rights Initiative (2008)

Test, Punish and Push Out: How "Zero Tolerance" and High Stakes Testing Funnel Youth Into the School-to-Prison Pipeline, Advancement Project (2010)

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Teaching and Leadership

Charles Clotfelter et al., High-Poverty Schools and the Distribution of Teachers and Principals, CALDER (2006)

Linda Darling-Hammond, A Marshall Plan for Teaching: What It Will Really Take to Leave No Child Behind, Education Week (2007)

Linda Darling-Hammond, Teacher Quality and Student Achievement: A Review of State Policy Evidence, Education Policy Analysis Archives (2000)

Effective Teachers High Achievers: Investing in a Teaching Profession, Forum for Education and Democracy (2009)

Drew H. Gitomer, Teacher Quality in a Changing Policy Landscape: Improvements in the Teacher Pool, ETS (2007)

Hamilton Lankford, Susanna Loeb, & James Wyckoff: Teacher Sorting and the Plight of Urban Schools: A Descriptive Analysis, Educational Evaluation and Policy Analysis (2002)

Measuring What Matters: Measuring What Matters: The Effects of National Board Certification on Advancing 21st Century Teaching and Learning, Center for Teachign Quality (2008)

Role of Principal Leadership in Increasing Teacher Retention: Creating a Supportive Environment, Charlotte Advocates for Education (2004)

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Other

Paul E. Barton, One-Third of a Nation: Rising Dropout Rates and Declining Opportunities, ETS (2005)

Paul E. Barton, Chasing the High School Graduation Rate: Getting the Data We Need and Using It Right, ETS (2009)

Paul E. Barton & Ricahrd J. Coley, Parsing the Achievement Gap II, ETS (2009)

Marta Tienda, Hispanicity and Educational Inequality: Risks, Opportunities and the Nation’s Future, ETS (2009)

Clive Belfield & Henry M. Levin, eds. The Price We Pay: Economic and Social Consequences of Inadequate Education, Brookings Institution Press (2007)

National Education Association

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Pre-K

Policy Issues and News

National Institute for Early Education Research (NIEER)

NIEER State of Preschool Yearbook - Analyzes trends and includes information for every state and Washington, DC

The following resources include articles, policy briefs, and reports on pre-K costs, access, quality, and funding. Also listed are resources on the successful Abbott preschool program in New Jersey, the critical role of the family, and the rights of special populations of students.

W. Steven Barnett & Kenneth B. Robin, How Much Does High Quality Preschool Cost?

W. Steven Barnett & Donald J. Yarosz, Who Goes to Preschool and Why Does it Matter?, NIEER (2007)

Paul E. Barton & Richard J. Coley The Family: America's Smallest School, ETS (2007)

Clive Belfield & Heather Schwartz, The Cost of High-Quality Pre-school Education in New Jersey (2007)

Lisa Belfield, Preschool Education: New Jersey and the Nation, ETS Policy Notes (2009)

Ellen Boylan and Deborah Splansky, Access to Pre-K Education Under the McKinney-Vento Homeless Assistance Act, Pre-K Policy Brief Series (2010)

Ellen Boylan and Shad White, Formula for Success: Adding High-Quality Pre-K to State School Funding Formulas, Pre-K Policy Brief Series (2010)

Ellen Boylan, High Quality Pre-K as the First Step in Education Adequacy: Using the Courts to Expand Access to State Pre-K Programs. Children’s Legal Rights Journal (2007)

Ellen Boylan and Deborah Splansky, Including Children with Disabilities in State Pre-K Programs, Pre-K Policy Brief Series (2010)

Ellen Boylan, Lesley Hirsch, & Jennifer V. Doctors, Policy Brief: Strengthening and Expanding High-Quality Preschool in New Jersey, Education Law Center (2007)

Molly A. Hunter, Winning a Great Start for Young Children, Policy Brief (2010)

Southern Eduation Foundation, Miles to Go Mississippi: Pre-Kindergarten: Time to Begin (2010); also see their website for additional reports on pre-K in the South and the nation.

Albert Wat & Jennifer V. Doctors, Votes Count: Legislative Action on Pre-K, Fiscal Year 2010, Pre-K Now (2009)

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Benefits of Pre-K

Clive Belfield, The Promise of Early Childhood Education Interventions, in The Price We Pay: Economic and Social Consequences of Inadequate Education, Clive Belfield & Henry M. Levin, eds. Brookings Institution Press (2007)

Ellen Galinsky, The Economic Benefits of High-Quality Early Childhood Programs: What Makes the Difference?, Committee for Economic Development (2006) 

William T. Gormley, Jr., The Effects of Oklahoma's Universal Pre-Kindergarten Program on Hispanic Children, Center for Research on Children in the U.S. (2008)

William T. Gormley, Jr., Deborah Phillips, & Ted Gayer, Preschool Programs Can Boost School Readiness, Education Forum (2008)

Robert G. Lynch, Enriching Children, Enriching the Nation: Public Investment in High-Quality Prekindergarten, Economic Policy Institute (2008)

United States Government Accountability Office, Prekindergarten: Four Selected States Expanded Access by Relying on Schools and Existing Providers of Early Education and Care to Provide Services (September 2004)

Albert Wat, Dollars and Sense: A Review of Economic Analyses of Pre-K, Pre-K Now Research Series (2007)

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Pre-K Litigation

Ellen Boylan, High Quality Pre-Kindergarten as the First Step in Educational Adequacy: Using the Courts to Expand Access to State Pre-K Programs. Children’s Legal Rights Journal (2007), the best and most comprehensive resource on litigation to expand access to high quality pre-K, especially for low-wealth children

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Federal

Background

EDUCATION IN THE 50 STATES: A Deskbook of the History of State Constitutions and Laws about Education, Institute for Educational Equity and Opportunity (2008), includes the large federal land grants to and federal mandates on territories becoming states, requiring states to take on the duty in their constitutions to provide education to all children.

Regarding ESEA (Elementary and Secondary Education Act), see Jack Jennings, Title I: Its Legislative History and Its Promise. Phi Delta Kappan (2000)

Elementary and Secondary Education Act (ESEA), 20 U.S.C. ch. 70

American Recovery and Reinvestment Act (ARRA), Pub.L. 111-5

Equal Educational Opportunity Act (EEOA) 20 U.S.C. Sec. 1703

David G. Sciarra, Danielle Farrie, & Bruce Baker Filling Budget Holes: Evaluating the Impact of ARRA Fiscal Stabilization Funds on State Funding Formulas (2010)

National Education Association

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ESEA and its Reauthorization

Due to be reauthorized in 2007 but still pending, the current ESEA (known as “No Child Left Behind” and passed in 2001) will likely be reauthorized in 2011 or 2012.  Many educational organizations propose revisions, including the sample, below:

The Broader, BOLDER Approach to Education states that it cuts through false assumptions in education policy and advocates for proven programs, both inside and outside schools, which enable children to succeed. Visit the website for more information.

Civil Rights Organizations' Framework for Providing All Students an Opportunity to Learn (2010)

Congressman Chaka Fattah, ESEA Fiscal Fairness Act - A Bill to amend section 1120A(c) of the Elementary and Secondary Education Act of 1965 to assure comparability of opportunity for educationally disadvantaged students, introduced by (2010)

Forum on Educational Accountability, Empowering Schools and Improving Learning: A Joint Organizational Statement on the Federal Role in Public Schooling (2009)

Jack Jennings, Title I: Its Legislative History and Its Promise. Phi Delta Kappan (2000)

Nancy Kober, Jack Jennings, & Jody Peltason, Better Federal Policies Leading to Better Schools, Center on Education Policy (2010)

Learning First Alliance, Transforming the Federal Role in America’s Public Schools (October 2008)

Schott Foundation for Public Education, National Opportunity to Learn (OTL) Campaign: Federal Recommendations (n.d. 2009)

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EEOA

Equal Educational Opportunity Act of 1974 (EEOA), 20 U.S.C. §1701

Mexican American Legal Defense and Education Fund (MALDEF)

 

Multicultural Education, Training & Advocacy, at (617) 628-2226 and (415) 398-1977

 

See, also, the organizations that filed amicus briefs in the U.S. Supreme Court in the EEOA case, Flores v. Horne:

The U.S. Solicitor General’s Office also submitted an amicus brief in support of the Flores plaintiffs, see United States of America.

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IDEA/Special Education

This website does not specifically address the numerous and critically important issues for students with disabilities. But, other organizations do so expertly, two of which are:

Council for Exceptional Children (CEC), a nonprofit association for special and gifted education professionals

Council of Parent Attorneys and Advocates (COPAA), a nonprofit organization of attorneys, advocates, and parents with the mission “to secure high quality educational services for children with disabilities”

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Blogs and Other Media

Blogs

The Answer Sheet - Veteran education writer Valerie Strauss and guests discuss Pre-K through graduate school education.

Bridging Differences - Diane Ravitch and Deborah Meier have found themselves at odds on policy over the years, but they share a passion for improving schools. Bridging Differences offers their insights on what matters most in education.

 

Education Law Prof Blog - Daily posts by law school professors teaching Education Law and related courses, discussing pertinent news and legal developments and information on recent scholarship and on teaching.

 

Public School Insights - Educators, parents and policymakers from coast to coast share what's already working in public schools and sparking a national conversation about how to make it work for children in every school.

Opportunity to Learn Campaign - The Opportunity to Learn Campaign is working to develop and strengthen a broad-based and representative movement to achieve fully resourced, quality public schools. 

School Finance 101 - Sophisticated data analyses and thoughts on school funding in the U.S. by Dr. Bruce Baker.

This Week in Education - By education writer and consultant Alexander Russo.

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Other Organizations

Civil Rights

State-Level Litigation Organizations