In describing the state courts’ active new role following the U.S. Supreme Court‘s decision in Rodriguez v. San Antonio Independent School District,1 this chapter emphasised the dramatic change in the outcome of challenges to state education finance systems that occurred beginning in 1989. From that year up until the time of the book‘s publication in 2009, plaintiffs, who had lost over two-thirds of the cases in the preceding decade, prevailed in more than two thirds of the final liability or motion to dismiss decisions of the state's highest courts.
Businesses play an important role in the realisation of economic, social and cultural rights, inter alia, by contributing to the creation of employment opportunities and, through private investment, to development. However, the Committee has been regularly presented with situations in which, as a result of states' failure to ensure compliance with internationally recognised human rights under their jurisdiction, corporate activities negatively affected economic, social and cultural rights.
RESULTS Educational Fund’s report “From Free to Fee”, investigates World Bank’s basic education investments through its private lending arm (the IFC). The report seeks to explore if IFC investments in education reach the poorest groups and help reduce extreme poverty. From Free to Fee provides evidence from IFC funded schools in Kenya, Uganda, and South Africa, and presents recommendations for the World Bank, the IFC, and other investors on how to more effectively end poverty through basic education.
On the 15 February 2017, a partnership of civil society organisations that have been involved in rights-based struggles for access to a quality basic education will launch a Basic Education Rights Handbook.
This High Court case deals with the constitutional obligation of the South African government to promote basic education by securing timely appointment and funding of educators at all public schools.
The Washington Supreme Court ruled that an Act establishing and funding charter schools as common schools was unconstitutional. The Court held that charter schools are not ‘common schools’ under Article IX of Washington’s Constitution. Thus, the use of funds restricted by the Washington Constitution to support common schools under the Act was unconstitutional. Also, because the funding provisions were integral to, and not severable from, the Act, the Court held the Act to be unconstitutional in its entirety.
In these three related decisions, the Kansas Supreme Court held that legislative changes to K-12 school funding, which reduced state-aid payments augmenting funds generated through property taxation in school districts with lower property values, violated the Kansas constitution. Article 6 of the Kansas constitution has previously been interpreted by the Kansas Supreme Court to require equity and adequacy in the provision of financing for education.
The Washington Supreme Court ruled that the State failed to comply with its duty to make ample provision for the education of all children in Washington through dependable and regular tax sources. The evidence showed that the State’s funding levels fell short in the areas of basic operational costs, student transportation, and staff salaries.
This toolkit has been produced by the Global Campaign for Education (GCE) in collaboration with ActionAid International (AAI) and Education International (EI), and with funding from the Global Partnership for Education (GPE). It aims to support civil society organisations and education activists across low- and middle-income countries to advocate and campaign on issues related to financing for education, as a strategic focus area of the GCE movement.