School finances still in court.

• Position: Trends And Transitions - Brief Article

Education finance litigation continues to be a huge challenge for states. Sixteen are battling adequacy lawsuits, while cases in 20 other states have been decided or settled in the past five years, according to Education Week's 2005 Quality Counts report.

Some of the most recent suits are in Georgia, Kentucky, Louisiana, Missouri, Nebraska and North Dakota.

School finance litigation has evolved over the decades from equity to adequacy charges. Historically, courts found large disparities in funding levels unconstitutional under the equal-protection clause and required state and local education agencies to establish equalized education funding programs that ultimately equalize spending between school districts. More recently, adequacy claims, which build on equity claims and a child's fundamental right to an education, have proved successful.

In adequacy cases, courts have ruled that legislatures must provide evidence that the amount of funding appropriated to education is enough to ensure an adequate education as defined in state constitutions. In response, many states have conducted studies to try to determine what an adequate education costs.

Education Week found that 30 states conducted studies...