I. Plaintiffs won at the state supreme court level (8 states):
Washington Seattle v. Washington, 1978
Kentucky Rose v. The Council, 1989
Connecticut Horton v. Meskill, 1977;
Sheff v. O'Neill, 1995
Tennessee Tennessee Small School Systems v. McWherter, 1993, 1995
Massachusetts McDuffy v. Secretary of Education, 1993
Arizona Roosevelt Elem. School Dist. 66 v. Bishop, 1994
Texas Edgewood v. Kirby, 1989, 1990, 1991, 1992, 1995\1\
New Hampshire\2\ Claremont, New Hampshire v. Gregg, 1991
II. Plaintiffs won at the state supreme court level, but further compliance litigation
was filed (6 states):
California Serrano v. Priest, 1971, 1977
Wyoming Washakie v. Hershler, 1980
West Virginia Pauley v. Kelly, 1979; 1988
Pauley v. Gainer, 1994
Montana Helena School District v. Montana, 1989, 1993
Montana Rural Ed Assoc. v. Montana, 1993
New Jersey Robinson v. Cahill, 1973;
Abbott v. Burke, 1985, 1990, 1994
Arkansas Dupree v. Alma School District, 1983;
Lake View v. Arkansas, 1994
III. Plaintiffs lost at the supreme court level and there have been no further complaint
filed or lost (11 states):
Michigan Milliken v. Green, 1973
East Jackson Public School v. State, 1984
Idaho Thompson v. Engelking, 1975;
Frazier et al. v. Idaho, 1990
Georgia McDaniels v. Thomas, 1981
Colorado Lujan v. State Board of Education, 1982
Wisconsin Kukor v. Grover, 1989
Oregon Olsen v. Oregon, 1979;
Coalition for Ed. Equity v. Oregon, 1991
Minnesota Skeen v. Minnesota, 1993
North Dakota Bismark Public Schools v. North Dakota, 1993\3\
Nebraska Gould v. Orr, 1993
Virginia Alleghany Highlands v. Virginia, 1991 (Withdrawn 1991)
Scott v. Virginia, 1994
Maine M.S.A.D.#1 v. Leo Martin, 1992, 1995
IV. Plaintiffs lost at the supreme court level, but there have been further
complaints filed (6 states):
Pennsylvania\4\ Dansen v. Casey, 1979; 1987
Pennsylvania Association of Rural and Small Schools v.Casey, 1991;
Ohio\5\ Board of Education Walter, 1979
Howard v. Walter, 1991
Thompson v. State of Ohio, 1991
DeRolph v. State, 1992.
New York\6\ Board of Education v. Nyquist, 1982; 1987
Reform Educational Financing Inequities Today (R.E.F.I.T.)v. Cuomo, 1991
Campaign for Fiscal Equity v. State of New York, 1993
Maryland Hornbeck v. Somerset County, 1983
Bradford v. Maryland State Board of Education, 1994
South Carolina Richland v. Campbell, 1988
Lee County v. Carolina, 1993
North Carolina\7\ Britt v. State Board, 1987
Leandro v. State, 1994
V. Litigation was present, but no supreme court decision has been
rendered (10 states):
Illinois\4\ The Committee v. Edgar, 1990
Alabama\5\ Alabama Coalition for Equity v. Hunt, 1990;
Harper v. Hunt, 1991
Alaska Matanuska-Susitna Borough v. Alaska, 1989
South Dakota\8\ Bezdichek v. South Dakota, 1991
Rhode Island\5\ City of Pawtucket v. Sundlun, 1992
Missouri The Committee v. Missouri and Lee's Summit P.S.U. v. Missouri, 1994\9\
Louisiana Charlet v. Legislature of State of Louisiana, 1992
Florida\6\ Coalition v. Childs, 1995
New Mexico Alamagordo v. Morgan, 1995
Vermont Lamoille County v. State of Vermont, 1995
VI. No litigation is present or case is dormant (9 states):
Delaware
Mississippi
Hawaii
Nevada
Iowa
Utah
Indiana Lake Central v. Indiana, 1987 (Withdrawn)
Oklahoma Fair School v. State, 1987
Kansas Consolidated: Unified School District 229, et al. v. State, 1992
Unified School Dist 244, Coffey County, et al.v. State
Unified School District 217, Rolla, et al. v State
Category A: States in which the state supreme court has declared that education
Is a fundamental constitutional right (13 states):
Arizona Shofstall v. Hollins, l973
Wisconsin Busse v. Smith, l976
California Serrano v. Priest, l977
Connecticut Horton v. Meskill, l977
Washington Seattle v. Washington, 1978
Wyoming Washakie v. Hershler, l980
West Virginia Pauley v. Bailey, l984
Montana Helena v. State, l989
Kentucky Rose v. the Council, l989
Minnesota Skeen v. Minnesota, 1993
Massachusetts McDuffy v. Secretary of Education, 1993
Tennessee Tennessee Small School Systems v. McWherter, 1993
Virginia Scott v. Virginia, 1994
Category B: States in which the state supreme court has declared that education is
Not a fundamental constitutional right (10 states):
New Jersey Robinson v. Cahill, l973
Michigan Milliken v. Green, l973
Idaho Thompson v. Engelking, l975
Oregon Olsen v. State, l976
Pennsylvania Dansen v. Casey, l979
Ohio Board v. Walter, l979
New York Levittown v. Nyquist, l982
Colorado Lujan v. Colorado, l982
Georgia McDaniel v. Thomas, l982
Arkansas Dupree v. Alma, l983
Category C: Lower court decision on education as a fundamental right:
1. States in which a circuit or appellate court has declared that education
IS a fundamental right (7 states):
Alabama Alabama Coalition for Equity v. Hunt, 1990
Missouri Committee v. Missouri, 1993
Minnesota Skeen v. Minnesota, 1992
North Dakota Bismark Public Schools v. North Dakota, 1993
Washington Tronsen v. State of Washington, 1991
Ohio DeRolph v. State, 1992.
Rhode Island City of Pawtucket v. Sundlun, 1992
2. States in which a circuit or appellate court has declared that education
IS NOT a fundamental right (2 states):
Illinois Committee v. Edgar, 1992
New Hampshire Claremont, New Hampshire v. Gregg, 1991
1/ System found constitutional on latest supreme court decision.
2/ Win for plaintiffs at appeals on motion to dismiss.
3/ Majority (3) ruled in favor of plaintiff, but North Dakota requires four justices to declare a statutory law unconstitutional.
4/ Win for defendants at appeals on motion to dismiss.
5/ Win for plaintiffs at district on merits.
6/ Win for defendants at district on motion to dismiss.
7/ Win for plaintiffs at district on motion to dismiss.
8/ Win for defendants at district on merits.
9/ After a trial on the merits, the trial court.
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