John Dayton | The University of Georgia (original) (raw)
Papers by John Dayton
This Article examines how the landscape of school funding litigation has changed over the three d... more This Article examines how the landscape of school funding litigation has changed over the three decades since Serrano and Rodriguez. The first part of the Article sets forth the history of school funding litigation since Serrano and Rodriguez and unravels the legal theories that have driven the school financing cases, explaining past dispositions and point out likely future trends. At first blush it would appear that the attorneys seeking social change through greater equity in school funding are litigating similar issues in each state. Yet judges have approached these matters from different directions with results that vary significantly from state to state and from case to case. Plaintiffs have unveiled a number of legal theories based on a state constitution\u27s equal protection clause or education clause. As the litigation has evolved over time, issues of equity in funding have given way to increased attention to funding adequacy and, more recently, accountability. The second p...
Advocates centering curriculum on democratic principles; sums up the literature on using American... more Advocates centering curriculum on democratic principles; sums up the literature on using American democratic values as a basis for the public school curriculum
The Education Law & Policy Review (ELPR) is an academically rigorous peer-reviewed law and policy... more The Education Law & Policy Review (ELPR) is an academically rigorous peer-reviewed law and policy journal providing scholarly reviews and commentary on national and international issues in education law and policy in K-12 and Higher Education.
Laws
There are no secure rights without the right of free speech. Free speech is the right that is nec... more There are no secure rights without the right of free speech. Free speech is the right that is necessary to defend all other rights. Student free speech is an essential foundation for societal free speech. We will not have a society that values and protects free speech without valuing and protecting free speech for students. Schools must serve as the essential nurseries of our democracy and as examples of the responsible exercise of rights in a free society including free speech. We cannot expect students to spend most of their waking hours in institutions devoid of meaningful rights to freedom of speech and then emerge as adults prepared to exercise and defend democratic freedoms including free speech. Students who learn to exercise free speech rights in schools are more likely to become adults ready to exercise free speech rights in a civil democracy. This article addresses the ongoing evolution of student free speech rights in the U.S., providing a brief overview of free speech la...
West's Education Law Quarterly, 1994
Journal of Education Finance, 2003
ABSTRACT During the last 12 months, the highest courts in 5 states have issued opinions on the co... more ABSTRACT During the last 12 months, the highest courts in 5 states have issued opinions on the constitutionality of their public school funding systems. Briefly reviews decisions and discusses possible future directions of this litigation based on an analysis of the 3 decades of litigation since "Serrano v. Priest" (1971). (Contains 11 references.) (Author/MLF)
Journal of Research in Rural Education, 1998
Educational Considerations
Journal of Law and Education, 1993
Educational Considerations, 1997
In 1996, Georgia voters narrowly approved a constitutional amendment to permit sales an<! use lax... more In 1996, Georgia voters narrowly approved a constitutional amendment to permit sales an<! use lax. Due to growing enrollment, board s wi ll need to exercise th is option.
Nebraska Law Review, 2003
Bureau confirmed that rural areas continue to be among the poorest in the nation. 4 Although rura... more Bureau confirmed that rural areas continue to be among the poorest in the nation. 4 Although rural poverty is a national problem, it continues to be most extreme in the South, with rural minorities, women, and children being the most disadvantaged. 5 According to a 1997 report from the U.S. Department of Agriculture: "The poverty rate for rural children was 23.0 percent. For rural Black children, who face the combined economic disadvantages of rurality, minority status, and childhood, the poverty rate was 48.2 percent. The majority of rural poor children (59.1 percent) lived in single-parent families, most (53.2 percent) in female-headed families." 6 4. Highest Poverty Rates in Border Counties, Rural Areas, Associated Press, Oct. 30, 2002 (on file with the author). 5. Id. 6. DOUG BowERs & PEGGY COOK, U.S. DEPARTMENT OF AGRICULTURE, RURAL CONDITIONS AND TRENDS: SOCIOECONOMIC CONDITIONS ISSUE, at http://www.ers.usda. gov/publications/rcat73 (Feb. 1997) (on file with author). 7. HAROLD L. HODGKINSON, A DEMOGRAPHIC PROFILE OF THE SOUTHEAST 18 (1992) ("In the nation, for every urban 'hyper-poor' child living at 50 percent of poverty of the official poverty level, there is one rural child who is just as poor.") 8. See Reynolds v. Sims, 377 U.S. 533, 562 (1964) (establishing the one man, one vote principle and holding that "legislators represent people, not trees or acres"). Because isolated rural areas generally have more trees and acres than people and votes, their political influence is limited accordingly.
This paper summarizes the status of ed.scational funding in Georgia, which has experienced signif... more This paper summarizes the status of ed.scational funding in Georgia, which has experienced significant population and economic growth. In the decade following passage of the Quality Basic Education Act (QBE, 1985), the state has made significant progress in educational improvement. Although per-pupil expenditures have increased, Georgia continues to lag behind much of the nation in average per-pupil expenditures. The QBE Act and a new state lottery system significantly increased funding for education. The Houston County School District recently adopted a controversial plan to fund the construction of new educational facilities without voter approval. Other developments include an increase in teacher hiring, an approved 6 percent teacher-salary increase, and the initiation of programs that extend educational opportunities for students. State legislation passed in 1995 included provisions affecting the allocation of funds for administrative positions and tenure, grants for afterschool programs, and the establishment of committees for the review of public-school finance and facility-construction funding. The budgets proposed by the governor and the House Appropriations Committee for fiscal year 1996 are included. (Contains 14 references.) (LMI)
Journal of Law and Education, Oct 1, 2007
In Building on Judicial Intervention: The Redesign of School Facilities Funding in Arizona, Molly... more In Building on Judicial Intervention: The Redesign of School Facilities Funding in Arizona, Molly Hunter recounts the long saga of school funding reform in Arizona.1 Hunter's article is a thorough and interesting review of the court decisions and political responses that resulted from school funding reform efforts in Arizona. From the title through the conclusion, Hunter's article appears to endorse active judicial intervention as a means of achieving positive school funding reforms. Hunter concluded, "The Arizona Supreme Court's capital funding/adequacy decision . . . has, after a few compliance skirmishes, led to implementation of an innovative and comprehensive new approach to state funding of school facilities . . . . Satisfaction with the new funding system and the School Facilities Board is high in part because there were no losers."2 While sharing Hunter's clear commitment to providing a quality education for all children, this Counterpoint raises concerns about the efficacy of active judicial intervention as the means of achieving authentic and lasting reform in school funding.3 Contrary to Hunter's conclusion that "there were no losers"4 in the new funding system, there are always winners and losers in school funding reforms, which often leads to protracted litigation in these cases.5 School funding reforms directly affect tax burdens, the distribution of resources, and the allocation of educational opportunities. Competition over limited resources is inevitable. Although win-win scenarios are ideal, they are not likely in school funding disputes. Limited resources generally make school funding reforms a zero-sum game, with significant systemic changes redefining who wins and loses under the new system. After the initial exuberance that occurs with a court victory, reform advocates must still face the challenge of translating their court victory into authentic and lasting improvements in school funding. Ultimately, this implementation means obtaining legislative support for more money for the schools represented by funding reformers. In times of large budget surpluses it may be possible to increase funding for reform advocates' schools without generating any discernible pain for others. Budget surpluses never last forever, however, and sooner or later reform advocates will encounter the state's firm fiscal and political realities. Eventually more money for funding reformers' schools will mean less money for other schools, higher taxes, or both. Of course, these options will be politically unpopular. For example, in response to a judicial order for public school funding reform, a chairman of a New York State Senate Education Committee replied: "We are not the federal government . . . we can't go downstairs to the basement of the Capitol and print money .... The court has set me bar so high as to make it virtually impossible in the real political world in which we operate."6 On the road from a coiut victory to authentic and lasting reforms there are two hard truths: 1) No matter how noble the purpose, money cannot be allocated for that purpose if there is no money available; and 2) Authentic and lasting reform cannot be achieved without adequate and sustained political support for the reform.7 Although it is not the panacea that some school reformers hoped it would be, judicial decisions in school funding disputes can be helpful to reform advocates. For example, judicial involvement may help to get funding reform on the legislative agenda.8 There is considerable evidence, however, that merely winning in court will not produce the desired results.9 A detailed study of the long and contentious history of school funding litigation throughout the nation shows that judicial intervention alone has not been an effective means of resolving the complex fiscal and political problems at the core of school funding disputes.10 Instead, the evidence suggests that when courts issue orders that significantly exceed the state's available resources or political will to support reform, the impact of these fiscal and political factors will ultimately trump the courts' best efforts to mandate specific reforms. …
Wests S Education Law Quarterly, 1993
This Article examines how the landscape of school funding litigation has changed over the three d... more This Article examines how the landscape of school funding litigation has changed over the three decades since Serrano and Rodriguez. The first part of the Article sets forth the history of school funding litigation since Serrano and Rodriguez and unravels the legal theories that have driven the school financing cases, explaining past dispositions and point out likely future trends. At first blush it would appear that the attorneys seeking social change through greater equity in school funding are litigating similar issues in each state. Yet judges have approached these matters from different directions with results that vary significantly from state to state and from case to case. Plaintiffs have unveiled a number of legal theories based on a state constitution\u27s equal protection clause or education clause. As the litigation has evolved over time, issues of equity in funding have given way to increased attention to funding adequacy and, more recently, accountability. The second p...
Advocates centering curriculum on democratic principles; sums up the literature on using American... more Advocates centering curriculum on democratic principles; sums up the literature on using American democratic values as a basis for the public school curriculum
The Education Law & Policy Review (ELPR) is an academically rigorous peer-reviewed law and policy... more The Education Law & Policy Review (ELPR) is an academically rigorous peer-reviewed law and policy journal providing scholarly reviews and commentary on national and international issues in education law and policy in K-12 and Higher Education.
Laws
There are no secure rights without the right of free speech. Free speech is the right that is nec... more There are no secure rights without the right of free speech. Free speech is the right that is necessary to defend all other rights. Student free speech is an essential foundation for societal free speech. We will not have a society that values and protects free speech without valuing and protecting free speech for students. Schools must serve as the essential nurseries of our democracy and as examples of the responsible exercise of rights in a free society including free speech. We cannot expect students to spend most of their waking hours in institutions devoid of meaningful rights to freedom of speech and then emerge as adults prepared to exercise and defend democratic freedoms including free speech. Students who learn to exercise free speech rights in schools are more likely to become adults ready to exercise free speech rights in a civil democracy. This article addresses the ongoing evolution of student free speech rights in the U.S., providing a brief overview of free speech la...
West's Education Law Quarterly, 1994
Journal of Education Finance, 2003
ABSTRACT During the last 12 months, the highest courts in 5 states have issued opinions on the co... more ABSTRACT During the last 12 months, the highest courts in 5 states have issued opinions on the constitutionality of their public school funding systems. Briefly reviews decisions and discusses possible future directions of this litigation based on an analysis of the 3 decades of litigation since "Serrano v. Priest" (1971). (Contains 11 references.) (Author/MLF)
Journal of Research in Rural Education, 1998
Educational Considerations
Journal of Law and Education, 1993
Educational Considerations, 1997
In 1996, Georgia voters narrowly approved a constitutional amendment to permit sales an<! use lax... more In 1996, Georgia voters narrowly approved a constitutional amendment to permit sales an<! use lax. Due to growing enrollment, board s wi ll need to exercise th is option.
Nebraska Law Review, 2003
Bureau confirmed that rural areas continue to be among the poorest in the nation. 4 Although rura... more Bureau confirmed that rural areas continue to be among the poorest in the nation. 4 Although rural poverty is a national problem, it continues to be most extreme in the South, with rural minorities, women, and children being the most disadvantaged. 5 According to a 1997 report from the U.S. Department of Agriculture: "The poverty rate for rural children was 23.0 percent. For rural Black children, who face the combined economic disadvantages of rurality, minority status, and childhood, the poverty rate was 48.2 percent. The majority of rural poor children (59.1 percent) lived in single-parent families, most (53.2 percent) in female-headed families." 6 4. Highest Poverty Rates in Border Counties, Rural Areas, Associated Press, Oct. 30, 2002 (on file with the author). 5. Id. 6. DOUG BowERs & PEGGY COOK, U.S. DEPARTMENT OF AGRICULTURE, RURAL CONDITIONS AND TRENDS: SOCIOECONOMIC CONDITIONS ISSUE, at http://www.ers.usda. gov/publications/rcat73 (Feb. 1997) (on file with author). 7. HAROLD L. HODGKINSON, A DEMOGRAPHIC PROFILE OF THE SOUTHEAST 18 (1992) ("In the nation, for every urban 'hyper-poor' child living at 50 percent of poverty of the official poverty level, there is one rural child who is just as poor.") 8. See Reynolds v. Sims, 377 U.S. 533, 562 (1964) (establishing the one man, one vote principle and holding that "legislators represent people, not trees or acres"). Because isolated rural areas generally have more trees and acres than people and votes, their political influence is limited accordingly.
This paper summarizes the status of ed.scational funding in Georgia, which has experienced signif... more This paper summarizes the status of ed.scational funding in Georgia, which has experienced significant population and economic growth. In the decade following passage of the Quality Basic Education Act (QBE, 1985), the state has made significant progress in educational improvement. Although per-pupil expenditures have increased, Georgia continues to lag behind much of the nation in average per-pupil expenditures. The QBE Act and a new state lottery system significantly increased funding for education. The Houston County School District recently adopted a controversial plan to fund the construction of new educational facilities without voter approval. Other developments include an increase in teacher hiring, an approved 6 percent teacher-salary increase, and the initiation of programs that extend educational opportunities for students. State legislation passed in 1995 included provisions affecting the allocation of funds for administrative positions and tenure, grants for afterschool programs, and the establishment of committees for the review of public-school finance and facility-construction funding. The budgets proposed by the governor and the House Appropriations Committee for fiscal year 1996 are included. (Contains 14 references.) (LMI)
Journal of Law and Education, Oct 1, 2007
In Building on Judicial Intervention: The Redesign of School Facilities Funding in Arizona, Molly... more In Building on Judicial Intervention: The Redesign of School Facilities Funding in Arizona, Molly Hunter recounts the long saga of school funding reform in Arizona.1 Hunter's article is a thorough and interesting review of the court decisions and political responses that resulted from school funding reform efforts in Arizona. From the title through the conclusion, Hunter's article appears to endorse active judicial intervention as a means of achieving positive school funding reforms. Hunter concluded, "The Arizona Supreme Court's capital funding/adequacy decision . . . has, after a few compliance skirmishes, led to implementation of an innovative and comprehensive new approach to state funding of school facilities . . . . Satisfaction with the new funding system and the School Facilities Board is high in part because there were no losers."2 While sharing Hunter's clear commitment to providing a quality education for all children, this Counterpoint raises concerns about the efficacy of active judicial intervention as the means of achieving authentic and lasting reform in school funding.3 Contrary to Hunter's conclusion that "there were no losers"4 in the new funding system, there are always winners and losers in school funding reforms, which often leads to protracted litigation in these cases.5 School funding reforms directly affect tax burdens, the distribution of resources, and the allocation of educational opportunities. Competition over limited resources is inevitable. Although win-win scenarios are ideal, they are not likely in school funding disputes. Limited resources generally make school funding reforms a zero-sum game, with significant systemic changes redefining who wins and loses under the new system. After the initial exuberance that occurs with a court victory, reform advocates must still face the challenge of translating their court victory into authentic and lasting improvements in school funding. Ultimately, this implementation means obtaining legislative support for more money for the schools represented by funding reformers. In times of large budget surpluses it may be possible to increase funding for reform advocates' schools without generating any discernible pain for others. Budget surpluses never last forever, however, and sooner or later reform advocates will encounter the state's firm fiscal and political realities. Eventually more money for funding reformers' schools will mean less money for other schools, higher taxes, or both. Of course, these options will be politically unpopular. For example, in response to a judicial order for public school funding reform, a chairman of a New York State Senate Education Committee replied: "We are not the federal government . . . we can't go downstairs to the basement of the Capitol and print money .... The court has set me bar so high as to make it virtually impossible in the real political world in which we operate."6 On the road from a coiut victory to authentic and lasting reforms there are two hard truths: 1) No matter how noble the purpose, money cannot be allocated for that purpose if there is no money available; and 2) Authentic and lasting reform cannot be achieved without adequate and sustained political support for the reform.7 Although it is not the panacea that some school reformers hoped it would be, judicial decisions in school funding disputes can be helpful to reform advocates. For example, judicial involvement may help to get funding reform on the legislative agenda.8 There is considerable evidence, however, that merely winning in court will not produce the desired results.9 A detailed study of the long and contentious history of school funding litigation throughout the nation shows that judicial intervention alone has not been an effective means of resolving the complex fiscal and political problems at the core of school funding disputes.10 Instead, the evidence suggests that when courts issue orders that significantly exceed the state's available resources or political will to support reform, the impact of these fiscal and political factors will ultimately trump the courts' best efforts to mandate specific reforms. …
Wests S Education Law Quarterly, 1993