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Realizing Educational RightsAdvancing School Reform through Courts and Communities$
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Anne Newman

Print publication date: 2013

Print ISBN-13: 9780226071749

Published to Chicago Scholarship Online: May 2014

DOI: 10.7208/chicago/9780226071886.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 25 September 2021

The Rose Case

The Rose Case

A Case Study in Legal Advocacy

(p.63) Chapter Four The Rose Case
Realizing Educational Rights

Anne Newman

University of Chicago Press

To examine the opportunities and challenges of attempting to secure educational rights through courts, Chapter 4 offers a case study of a landmark school finance lawsuit from Kentucky, Rose v. Council for Better Education.This case is often celebrated as the beginning of the “third wave” of school finance litigation, and it offers important lessons for ongoing school finance reform and for evolving conceptions of what the legal right to education entails. The chapter focuses on an under-analyzed feature of cases like Rose: how moral claims about educational entitlements can inspire citizens to mobilize and support litigation, which in turn can impact judicial outcomes and policy implementation. The chapter considers how particular educational rights claims figured into the Rosecase, and where they converged and diverged with moral claims about educational justice. This focus highlights the interplay between moral and legal conceptions of educational rights, and how the philosophical ideals advanced in the first part of the book may shape rights-based advocacy in practice.

Keywords:   Legal right to education, Moral rights, School finance reform, Kentucky, School finance litigation, Legal mobilization, Educational rights, Legal case study, Rights-based advocacy, Rose v. Council for Better Education

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