Educational Fiscal Policy and Judicial Deference

Abstract

By virtue of their offices, educational administrators more often than notfind themselves on the side of the defendant state or local education agencies in school litigation. Most administrators regard much of the educational litigation as judicial encroachment on their prerogatives. Ironically, over the long run, such litigation has served to expand educational opportunities and to provide rationale for increased financing of the public schools. This review takes the position that current political trends toward a more conservative judiciary are harmful to expansion of educational opportunity and that judicial deference to administrative authority tends to be educationally counterproductive.