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.

The second edition of the Global Education Monitoring Report (GEM Report) presents the latest evidence on global progress towards the education targets of the UN Sustainable Development Goals.

With hundreds of millions of people still not going to school, and many not achieving minimum skills at school, it is clear education systems are off track to achieve global goals. The marginalised currently bear the most consequences but also stand to benefit the most if policy-makers pay sufficient attention to their needs. Faced with these challenges, along with tight budgets and increased emphasis on results-oriented value for money, countries are searching for solutions. Increased accountability often tops the list.

The 2017/8 GEM Report shows the entire array of approaches to accountability in education. It ranges from countries unused to the concept, where violations of the right to education go unchallenged, to countries where accountability has become an end in itself instead of a means to inclusive, equitable and high-quality education and lifelong learning for all.

The report emphasises that education is a shared responsibility. While governments have primary responsibility, all actors – schools, teachers, parents, students, international organizations, private sector providers, civil society and the media – have a role in improving education systems. The report emphasises the importance of transparency and availability of information but urges caution in how data are used. It makes the case for avoiding accountability systems with a disproportionate focus on narrowly defined results and punitive sanctions. In an era of multiple accountability tools, the report provides clear evidence on those that are working and those that are not.

This youth report, based on findings and conclusions from the 2017/8 Global Education Monitoring report, asks how young people are involved in the process of accountability in education. As students, what are we responsible for in our education and how are we held accountable? How can we make sure other actors–like schools, universities and governments–are held accountable for their responsibilities? These are critical questions, because we know that there’s a long way to go before all young people around the world have access to a quality education:
absent teachers, overcrowded classrooms, illegitimate diplomas, unregulated private schools and truancy are all issues that education systems are struggling to overcome.

It’s sometimes tempting to say that these problems aren’t ours to fix, that the responsibility lies with the government or with an older generation. But this simply isn’t true: education is a shared responsibility, and young people have an important role to play. In this Report, you’ll hear the stories of young people around the world who have stood up for the right to education in their communities and who have been integral in triggering change. You’ll also read about how you can become involved in our campaign to make sure governments can be held to account for education. This means making sure that citizens can take their governments to court if they are not meeting their education responsibilities. From creating video clips to holding awareness-raising events, there is a range of ways to make your voice heard. Your involvement is integral in making sure the world is on the right path to meeting our education goals. 

The report focuses on the legal obligations of states and private entities to mobilise all resources at their disposal, including those that could be collected through taxation or prevention of illicit financial flows, to satisfy minimum essential levels of human rights and finds that states who facilitate or actively promote tax abuses, at the domestic or cross-border level, may be in violation of international human rights law.

The report is based on a detailed examination of UN treaty bodies and special procedures’ views on the current interpretation of the scope and content of this obligation to mobilise resources. Further, it is published against the backdrop of increased awareness of the relationship between economic policies and human rights and the 2030 Agenda for Sustainable Development which committed all UN member states to ‘strengthen domestic resource mobilization, including through international support to developing countries, to improve domestic capacity for tax and other revenue collection’ and ‘significantly reduce illicit financial flows’.

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.

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 Kansas Supreme Court found that the legislative changes violated the equity requirement because school districts did not have reasonably equal access to substantially equal educational opportunity through similar tax efforts.

This document lists the international instruments that refer to education financing with their relevant provisions.

[ESPAÑOL] [FRANÇAIS]

Este documento enumera los instrumentos internacionales que se refieren a la financiación de la educación con sus disposiciones pertinentes.

[ENGLISH] [FRANÇAIS]

The Supreme Court of Louisiana held that Louisiana’s ‘Minimum Foundation Program’, which allocates educational funding to schools, could not be used to provide funding to privates schools by way of a voucher programme. It ruled that to do so violated article VIII, section 13 of the Louisiana Constitution, which establishes how monies are to be allocated to public schools based on a formula adopted by the state board of education. The Court recognised that public resources constitutionally reserved for public schools cannot be allocated to private school, either directly or indirectly through a voucher programme. The Court avoided addressing the issue of whether the school voucher programme itself violated the right to education provisions of the Louisiana Constitution.

In this decision, the Florida Supreme Court held that a voucher program providing public funds to students to obtain private education failed to comply with article IX, section 1 of the Florida Constitution, which requires the state government to make adequate provision for education through a uniform system of free public schools. This decision confirms Florida’s constitutional obligation to provide high quality, free public education – a duty that cannot be discharged by funding unregulated private schools through a voucher or scholarship program. The decision is consistent with the principle that the State has the primary responsibility for ensuring that the right to education is upheld regardless of whether the provider is public or private, and that the State must ensure that private providers meet minimum educational standards. 

 

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