Judicial Analysis during the New Wave of School Finance Litigation: The New Adequacy in Education.

Abstract

the old adequacy of minimums and basic skills to the new adequacy of excellence in education for all children at all schools. This historic shift is being driven by the requirements of the knowledge society and global economy, and is reflected in the education sector by two major forces. First is the historic creation, adoption and codification into law of challenging national education goals aimed at ambitious outcomes for all children and the subsequent standards setting movement enveloping the states. Second is the groundswell of school finance litigation that has emerged just since 1989, propelling issues related to justice and fairness for poor children and youth to the top of state policy agendas.1 For the first time in the nation's history, ambitious national education goals aimed at elevated outcomes for all students have been created, adopted and codified into law.2 The goals would bring all students to high levels of thinking and problem solving in key subject areas, and have the U.S. rank first in the world in mathematics and science.