This article begins by reviewing the democratic foundations of education and the history of school finance litigation. Then, it explains the framework by which courts and legislatures resolve these cases and implement appropriate remedies, particularly discussing the role research and expert testimony play in influencing remedies. Third, this article recounts the research findings on small schools, interpreting them in relation to the ongoing reform efforts in courts and legislatures. In Part VI, this article explores the role small schools play in fostering democratic education, a significant factor in several prominent cases. Last, this article reaches conclusions about the ultimate efficacy of small schools and makes suggestions for decision makers about how to include small schools in reform efforts.
Gregory C. Malhoit and Derek W. Black,
The Power of Small Schools: Achieving Equal Educational Opportunity through Academic Success and Democratic Citizenship,
82 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol82/iss1/4