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A Primer on Education Finance Policy

In theory, education finance policy is developed in the state legislature, the body responsible for setting funding levels and formulating policy. In reality, though, the executive, legislative, and judicial branches of the government each retain unique responsibilities and powers that impact education policy. It is thus useful and realistic to view school finance litigation as a component of education policy making.

Although executives (the President and governors) are the most visible elected representatives, their role in the lawmaking process is not primary. They often have the influence to put pressure on a legislature to act or not act, and the responsibility to administer and enforce laws that exist.

Legislatures, on the other hand, are responsible for initiating procedure and enacting laws that apply to the entire state. On the state level, each of the fifty states’ constitutions requires the legislature to provide a free public education system.

Finally, the courts have the responsibility to adjudicate disputes that arise under the laws that exist and to interpret the state constitution when determining whether a law enacted by the legislature is valid. In many school finance cases, the plaintiff’s appeal to the courts asserts that the legislature is not fulfilling its public education responsibility, and asks the court to direct lawmakers to devise a remedy.

From June 2005 - A Guide to Public Engagement and School Finance Litigation - Lawsuits challenging the constitutionality of public school funding systems are currently in progress in 23 states, representing a unique opportunity to restructure the ways in which public education is financed and expand the opportunities and resources available to children across the country, Public Education Network.