essay on school property

Why Is it Important to Respect School Property?

Positive Effects of the Zero Tolerance Policy Used in Schools

Some children don’t make the connection between respect for school property and personal consequences, but the two have a strong link. The school belongs to the student as much as it belongs to the faculty. When a child disrespects her school, she is hurting herself and those around her.

Self Respect

The state of the educational tools and school grounds reflect the quality of students and faculty in a school. If your school has graffiti tags and damaged books, it will show that the students of that school don’t care about their education. They are more interested in pointless acts of destruction than using the tools provided by the school to better themselves and pursue a well-rounded education.

Conserving Resources

Students may have a hard time understanding that school property doesn’t magically replenish itself. The damage a student causes may require money for repairs, something many schools have a severe lack of already. This puts the school in a tight spot and may force administrators to recycle damaged educational tools until they receive a new influx of funding. For example, if a student pulls the pages out of an education text, the next student to receive that book may have to work around the damage because the school doesn’t have an extra book for him.

When you damage school property, you run the risk of punishment. The school may report the incident to your parents, which can result in a hefty bill for damages. The instance can also go in your record, leaving a stain on your school career and credibility. While the fear of punishment may seem like a selfish reason to respect school property, it is often enough of a deterrent to help children learn respect and encourage parents to teach it.

Schools should be a comfortable safe haven for children to accrue knowledge. When a student lacks respect for school property, it can bring the quality of life in the school down. For example, leaving litter around the school grounds can make the place seem uncomfortable and cluttered. It also poses a safety threat. Other students can slip on the litter and injure themselves. Carving derogatory words and symbols into school property can also make a student who inherits use of the property uncomfortable when they discover the defacement.

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• University of Southern California: Lesson Plan: Respect
• EQI.org: Respect
• Discovery: Respect for Property and Authority

Shae Hazelton is a professional writer whose articles are published on various websites. Her topics of expertise include art history, auto repair, computer science, journalism, home economics, woodworking, financial management, medical pathology and creative crafts. Hazelton is working on her own novel and comic strip while she works as a part-time writer and full time Medical Coding student.

WHOSE CHILD IS THIS? EDUCATION, PROPERTY, AND BELONGING

Latoya baldwin clark*.

Previous work suggests that excludability is the main attribute of educational property and residence is the lynchpin of that exclusion. Once a child is non-excludable, the story goes, he should have complete access to the benefits of educational property. This Essay suggests a challenge to the idea that exclusion is the main attribute of educational property. By following four fictional children and their quests to own educational property in an affluent school district, this Essay argues that belonging, not exclusion, best encapsulates a child’s ability to fully benefit from a school’s educational property. Property as belonging involves a spatial relationship through which property claims are recognized and supported. In staking an unconditional claim for educational property, a child must be recognized as part of a group of entitled claimants and the property rules of the district must “hold up” that claim as legitimate. Simply because a child has a legal claim to access education does not mean that claim is equal to all other claims. Belonging helps us understand why some claims are accorded more security than others. The strength of a child’s claim to educational property depends on the extent to which the child belongs, as measured by that child’s proximity to the idealized bona fide resident.

The full text of this Essay can be found by clicking the PDF link to the left.

* Assistant Professor, University of California, Los Angeles, School of Law. Thank you to the participants of the Symposium for helpful discussion, Sunita Patel and Guy-Uriel Charles for valuable feedback, and the Columbia Law Review editors for their unending patience and support. William, Ahmir, Amina, and Ahmad: I am because you are. All mistakes are mine.

INTRODUCTION

Imagine four children all living within the boundaries of or in proximity to Hidden Heights, a predominately White, 1 1 I choose to capitalize “White” when referring to the racial group. See LaToya Baldwin Clark, Stealing Education, 68 UCLA L. Rev. 566, 568 n.1 (2021) [hereinafter Baldwin Clark, Stealing] (“I believe that capitalizing ‘Black,’ . . . without also capitalizing ‘White’ normalizes Whiteness, while the proper noun usage of the word forces an understanding of ‘White’ as a social and political construct and social identity in line with the social and political construct and social identity of ‘Black.’”). ... Close well-resourced school district sitting in a White, well-resourced municipality. 2 2 By focusing on a predominately White, well-resourced school district, I do not mean to make a normative claim that such schools are “better” than others. My claim is only that it is these school districts where claims to educational property may be most contested. ... Close Students in Hidden Heights have access to many resources that characterize educational property, including a curriculum that builds their skills, cultural resources that prepare them for middle-class and affluent social life, and resources derived from well-connected social networks. 3 3 See LaToya Baldwin Clark, Education as Property, 105 Va. L. Rev. 397, 401 (2019) [hereinafter Baldwin Clark, Property] (“Children need access to social and cultural capital, resources not easily monetized but that educational researchers have shown are integral to success in the modern workplace.” (footnotes omitted)). ... Close In this community and others like it, community members treat education as private property, a scarce resource deserving of protection like other forms of property. Because education is regarded as property, the community will encourage school officials to make it available only to those who deserve it (i.e., pay for it in property taxes and rent) and unavailable to all others without similar entitlements.

Our first child is Amanda, a White, middle-class girl who is typical of what school attendance laws consider a “bona fide resident.” 4 4 See San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1, 49 (1973) (holding that schools can restrict education to only bona fide residents). ... Close Amanda lives within the Hidden Heights boundaries with her archetypical family, including two parents, in a house they own. 5 5 Most White children live in two-parent households, compared to less than 40% of Black children. See Paul Hemez & Chanell Washington, Number of Children Living Only With Their Mothers Has Doubled in Past 50 Years, Census Bureau (Apr. 12, 2021), https://www.census.gov/library/stories/2021/04/number-of-children-living-only-with-their-mothers-has-doubled-in-past-50-years.html [https://perma.cc/Z572-GJNM]. Middle-class children are much more likely to live with two married parents than relatively poorer children. See Richard V. Reeves & Christopher Pulliam, Middle Class Marriage Is Declining, and Likely Deepening Inequality, Brookings Inst. (Mar. 11, 2020), https://www.brookings.edu/research/middle-class-marriage-is-declining-and-likely-deepening-inequality/ [https://perma.cc/6QT2-VZGS]. ... Close She is the prototypical student for school attendance; because she is a bona fide resident, the district cannot exclude her from its schools 6 6 See Baldwin Clark, Stealing, supra note 1, at 590 n.105 (listing state statutes from thirty-three states that require districts to prioritize residents for enrollment); id. at 570 (“Only residence within a school district’s jurisdiction confers on a parent a ‘seat license’ unavailable to nonresident parents.”). ... Close and may be obliged to protect her educational property by excluding others. 7 7 See generally Baldwin Clark, Property, supra note 3, at 410 (describing how “officials treat education as property by allowing taxpayers to lawfully exclude others, particularly through the coercive machinery of civil and criminal penalties” (emphasis omitted)). ... Close In other words, bona fide residents enjoy the right not to be excluded and the privilege of protection through the exclusion of others.

Our second child is Monica, a girl from a Black, working-class family who lives during the school week with her grandmother. 8 8 See LaToya Baldwin Clark, Family | Home | School, 117 Nw. U. L. Rev. 1, 29 (2022) [hereinafter Baldwin Clark, Family] (explaining how Black children are more likely than White children to be cared for through extended kin relationships, making it a common family form among Black families). ... Close While her grandmother is a bona fide resident within the Hidden Heights boundaries, Monica may not be, despite her presence in the district on school days. School attendance laws tend to reject living situations like Monica’s as indicative of bona fide residence, partly because most states require that a child’s address for school attendance be that of their parents or guardians, regardless of the child’s actual living situation. 9 9 Id. at 14; see also id. at 9–19 (describing “the three components of school residency laws [that determine bona fide residency]: from whom a child’s address derives, where a child can call an address a ‘home,’ and inquiries into why the caregiving adult established that address”). ... Close If she is not found to be a bona fide resident, Hidden Heights can exclude her.

Our third child is Malcolm, a Black boy from a low-income family, who lives with his parents right outside the Hidden Heights boundaries in a community not as affluent, or as White, as Hidden Heights. Unlike Amanda and (arguably) Monica, he is not a bona fide resident, and Hidden Heights has no obligation to educate him. But Hidden Heights schools are among the best, and his parents want him to attend its schools. Because they are not residents, their (legitimate) options are few. 10 10 Some parents take the step of falsifying an address to afford a nonresident child an education in a district in which a child does not live. In previous work, I referred to this as “stealing” education. See generally Baldwin Clark, Stealing, supra note 1 (describing how some nonresident children attend schools by “stealing,” or lying about their address to access school). ... Close His parents’ best option is to have Malcolm participate in an interdistrict transfer program 11 11 See Micah Ann Wixom, Educ. Comm’n of the States, Open Enrollment 1 (2019), https://www.ecs.org/wp-content/uploads/Open-Enrollment.pdf [https://perma.cc‌‌‌/9EXD-L2M3] (describing differences in open enrollment statutes for various states). ... Close that breaks the tight connection between school attendance and residence. Available in most states, these programs allow students who do not live inside a district’s boundaries to attend that school district’s schools. 12 12 Id. ... Close But his continued attendance is conditional and relies on considerations not applicable to resident students including academic and behavioral standards. Unlike bona fide resident children, Malcolm does not enjoy the unconditional right not to be excluded.

Our fourth child is Kyle, a middle-class Black boy with a disability who is a Hidden Heights bona fide resident. Like Amanda, his claim should be the most secure, and in some ways, it is. Before the mid-1970s, Kyle may not have had a right to attend school, even as a bona fide resident. 13 13 See, e.g., Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400(c)(2) (2018) (explaining how prior to 1975, many children with disabilities were “excluded entirely from the public school system”). ... Close Today, federal law requires public schools to educate and accommodate children with disabilities. 14 14 Id. § 1412(a)(1) (requiring school districts to provide every child with a disability a free appropriate public education). ... Close But like many children with disabilities deemed incompatible with the general education classroom, Kyle spends much of his day in a segregated classroom, away from children who do not live with a disability. 15 15 Approximately one-third of students with disabilities spend less than 80% of their school day in a general education classroom. Specifically, [a]mong all school-age students served under IDEA, the percentage who spent 80 percent or more of their time in general classes in regular schools increased from 59 percent in fall 2009 to 66 percent in fall 2020. In contrast, during the same period, the percentage of students who spent 40 to 79 percent of the school day in general classes decreased from 21 to 17 percent, and the percentage of students who spent less than 40 percent of their time in general classes decreased from 15 to 13 percent. Nat’l Ctr. for Educ. Stat., Students with Disabilities, The Condition of Education 2022, https://nces.ed.gov/programs/coe/indicator/cgg [https://perma.cc/56UA-C55U] (last updated May 2022). ... Close Although every child with a disability is entitled to a free appropriate public education in the district in which they reside, the setting of that education need not be in the general education classroom, but only in the “least restrictive environment.” 16 16 IDEA’s LRE mandate requires that schools, [t]o the maximum extent appropriate, [ensure that] children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. 20 U.S.C. § 1412(5)(A). ... Close As a result, he has little access to the general education curriculum and social experiences with general education students. Amanda, Monica, Malcolm, and Kyle all have claims to enjoy the Hidden Heights educational property. Still, the bases for their claims, the possibility of success when those claims are challenged, and the overall security of their claims differ.

Amanda’s claim to education is one of unconditional ownership, access, and benefits available to her if she remains a bona fide resident. Monica’s claim to the educational property is more tenuous than Amanda’s, even though she lives in the same area during the days she attends school. Because Monica does not live within the district’s boundaries 24/7, her family must jump through evidentiary hoops Amanda’s family avoids, proving that Hidden Heights is her true “home” to continue to attend school. 17 17 See infra Part I. ... Close

While Malcolm has access to the educational property when he receives permission to attend, his continued access as a nonresident is contingent; Hidden Heights decides the conditions under which it accepts nonresident students and can condition continuing attendance on academics and discipline. 18 18 See infra Part II (explaining how many districts impose academic and behavioral requirements on nonresident students as a condition of continued attendance). ... Close

Lastly, Kyle should be most secure in non-excludability, as both a bona fide resident and a child with a disability who has a statutory right to be educated in the district in which he resides. But his access to the educational property, the resources contained in the school’s walls, is limited; schools may use his disability label as a justification for his segregation, especially because he is a Black boy. 19 19 See infra Part II. ... Close

These children’s experiences, where they all have a legal claim to the educational property amassed in this district, complicate the story about education, property, and access. Legal entitlement or permission to attend school does not mean that one can fully benefit from a district’s educational property. This Essay suggests that the differences in these children’s claims to Hidden Heights educational property are not only about who cannot be excluded and who must be included. Instead, the children’s stories illustrate relational positions in the space of the Hidden Heights school district and the extent to which law, policies, and practices support their claims. The students’ access to educational property rises and falls on whether they “belong.”

A focus on belonging encourages us to see property claims as relational and spatial. 20 20 See infra Part III. ... Close Instead of focusing on the Subject and Object of property (“who” owns “what”), belonging attends to the Space in which property claims are asserted and the organizational and structural practices that support and legitimate, or undermine and delegitimate, those claims. Accessing educational property is not solely about the individual attributes of students making a claim, but also about the law, policies, and practices that define the space and render determinations about whose claims are legitimate—thus deserving of protection—and whose claims are not.

The degree of a child’s belonging depends not only on the legal right to ownership or access but also on the social processes, structures, and networks that support those claims. We can harmonize Amanda’s, Monica’s, Malcolm’s, and Kyle’s seemingly divergent experiences by considering the extent to which the children belong.

Of course, residence plays an essential role in school attendance and access to educational property. Bona fide resident children are the privileged class with the most substantial claim not to be excluded. As argued below, Amanda is the ideal against which all the other children are judged.

This Essay proceeds as follows: Part I describes the conventional test for who gets to access a district’s educational property. That test rises and falls on residency; thus, this Part focuses on Amanda’s and Monica’s disparate experiences in establishing bona fide residency, relating to family form and living arrangements. Part II describes circumstances in which nonresidents like Malcolm and bona fide resident children with disabilities like Kyle overcome exclusion to develop an inclusive right to educational property. Yet they experience that access very differently from prototypical Amanda.

Finally, Part III suggests how focusing on property as belonging complicates the story of education as property with the central characteristic of exclusion. To belong, the students need to show that not only do they (1) have a legal claim but also that (2) they are genuine members of the group that deserves the property and (3) the law, policies, and practices of the space support those claims. To conclude, this Essay suggests that thinking about access to educational property through the lens of belonging is particularly salient in the school context, in which belonging has long been considered critical to student academic and social success.

Schoolhouse Property

abstract . The Fifth and Fourteenth Amendments prohibit government actors from interfering with an individual’s property without due process of law. Property interests protected by the Due Process Clause are created by subconstitutional sources of law, such as federal, state, or local statutes or regulations, that create reasonable expectations of an entitlement, such as welfare benefits, in recipients. Individuals holding legitimate claims of entitlement to property are typically afforded procedural protections. In the landmark 1975 decision Goss v. Lopez , the Supreme Court determined that state laws entitling children to free public education conferred on public primary- and secondary-school students a property interest in education. To avoid unjust deprivation of students’ property interests, the Court held that the Due Process Clause requires school officials to provide students subject to suspension or expulsion with, at minimum, informal notice and opportunity to be heard by the school disciplinarian—a requirement that, in practice, affords students little protection against unjust exclusion. Since 1975, however, students’ constitutionally protected property interests have expanded beyond just education. Comprehensive fifty-state surveys of state laws and regulations reveal that the majority of states require schools to provide additional benefits to students, specifically government-subsidized meals and health services. This Note evaluates these entitlements and argues that they constitute property interests falling within the ambit of the Due Process Clause. As a result, students subject to exclusionary discipline are deprived not only of education, as the Goss Court foresaw, but also meals and health services. These additional property interests may require reevaluation and expansion of the minimum procedural requirements that schools must afford students subject to suspension or expulsion.

author. J.D. 2021, Yale Law School; B.S. Hon. 2017, Cornell University. Thank you to Professor Claire Priest for her invaluable support and guidance from this project’s inception. I am also deeply indebted to Professor Jason Parkin, Professor Nicholas Parrillo, Professor Andrew Hammond, Timur Akman-Duffy, Hirsa Amin, Joseph Daval, and David Herman for their perceptive feedback. Finally, I am grateful to the editors of the Yale Law Journal , particularly Kate Hamilton and Max Jesse Goldberg, for their insightful suggestions, assistance, and endless patience. All errors are my own.

This Note features three appendices regarding public primary- and secondary-school students’ rights to education granted by state constitutions and corollary entitlements to school meals and school health services granted by state laws and regulations. Each of these appendices are published online following the Note.

Introduction

The Due Process Clause forbids government actors, including public-school officials, 1 from interfering with an individual’s “life, liberty, or property, without due process of law.” 2 The Clause protects some of the interests most vital to American democracy. The Supreme Court has understood the principal value of the Clause as promoting accurate decision making, 3 thus restraining arbitrary government action. 4 Procedural protections — often in the form of notice and opportunity to be heard before a government decision maker—function, in addition to facilitating accuracy of the substantive decision, 5 to promote participatory and dignitary values 6 and advance fundamental fairness. 7

The precise scope of the “property” interests protected by the Due Process Clause, and the process that must precede its deprivation, has provoked significant debate since the middle of the twentieth century. 8 In the 1970 decision Goldberg v. Kelly , the Supreme Court expanded the scope of constitutionally protected property to statutory entitlements, specifically welfare benefits. 9 By broadening the forms of property receiving constitutional protection, Goldberg initiated the “due process revolution,” 10 resulting in a series of Supreme Court decisions finding that public employment, 11 immigration status, 12 and, most importantly for this Note, public primary- and secondary-school education 13 are property under the Due Process Clause, 14 requiring the government to afford property-holders some kind of process. 15

Courts assess procedural due-process claims implicating property interests in two steps. The first step asks whether there exists a property interest protected by the Due Process Clause. 16 “To have a property interest in a benefit,” a person must “have a legitimate claim of entitlement to it.” 17 Legitimate claims of entitlement, in turn, arise from subconstitutional sources of positive law—such as federal, state, or local law or regulation, or express or implied government contracts—that create reasonable expectations of specific benefits. 18

If a court finds a protected property interest beyond a de minimis level, 19 it moves on to the second step, which asks what, if any, process is due. 20 In answering this question, courts focus on identifying the specific procedures that will promote accuracy in the substantive decision. 21 While the Supreme Court has explained that when state action implicates one’s property interests the Due Process Clause requires, at minimum, notice and a meaningful opportunity to be heard, 22 the “precise contours” of the procedures required by the Constitution are determined by the factual circumstances presented by each case . 23 Courts balance three interests: (1) the private property interest affected by the government’s action; (2) the risk of erroneous deprivation through the procedures used and the probable value of additional procedures; and (3) the financial and administrative burdens that additional procedures would impose on the government. 24 The private interest weighs heavily in this analysis: the formality of the process required corresponds to the court’s perception of the significance of the implicated property interest. 25 The more consequential the property interest, the more likely courts are to mandate more formal, trial-like procedures. Thus, due-process analysis, in both steps, “is sensitive to the facts and circumstances” that a specific deprivation presents. 26 At the first step, changes in substantive law may affect the existence or scope of a property interest, as well as the perceived import of the interest. At the second step, changed circumstances may affect how courts weigh the property interest against competing interests to establish the specific process due.

In Goss v. Lopez in 1975, the Supreme Court followed these two steps in determining whether students hold due-process rights to challenge their exclusion from school via short suspensions of ten days or less. 27 The Court first found that state laws guaranteeing resident children a free public education and compelling school attendance vested in students a constitutionally protected property interest in public education. 28 In other words, when school officials exclude students from the school setting even temporarily through suspensions, they deprive students of an important interest protected by the Due Process Clause. 29 The Court then, at the second step, considered which specific procedures were due to ensure that a school official’s decision to suspend a student was based on accurate findings of misconduct. 30 After weighing the interests of the student in avoiding unjust exclusion from school against the state interest in maintaining order in schools and conserving resources, the Court determined that schools owe students only informal, “rudimentary” procedures. 31 Specifically, school officials must give a student facing suspension “notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story.” 32 The Court specified that an informal conversation between student and disciplinarian moments after the alleged misconduct occurs will typically satisfy this notice-and-hearing requirement. 33

Goss ’s threshold determination—that public-school students hold a property interest in their educations—remains significant. 34 But the specific process it prescribed to protect that interest has done little in practice to shield students from unjust exclusion from schools. 35 Many commentators, addressing only the second step of the due-process inquiry, have called for additional procedures that might better protect students from unjust exclusion from school, such as mediation or representation at hearings. 36 Fewer, however, have suggested raising the procedural floor by reexamining the legal source of the property interest at stake at the first step. This Note provides such an approach by explaining how the procedural minimum for exclusionary discipline can be reevaluated upon a finding, at the first step of the due-process inquiry, that the state has conferred additional entitlements to students. 37

Unlike many other constitutional guarantees, an individual’s procedural rights are not fixed in time 38 —they evolve with both substantive developments in the law and evolving societal standards for “fairness.” 39 Indeed, the Court has repeated the maxim that “due process is flexible and calls for such procedural protections as the particular situation demands.” 40 The minimal procedures that Goss prescribed may have satisfied the constitutional requirements of the Due Process Clause in 1975. As both the legal landscape of entitlements and societal circumstances have evolved, however, those procedures may now be insufficient. 41

This Note argues that as the state has conferred additional entitlements on public primary- and secondary-school students in the form of school meals and health services, students’ property interests in avoiding unjust exclusion from school has correspondingly broadened. Given this expansion, the due-process protections owed to students subject to removal from school must be reevaluated. Since Goss was decided in 1975, both federal and state law have conferred additional entitlements— “legally enforceable individual right[s]”—upon students. 42 Federal nutrition-assistance programs have expanded to fund and administer a wide array of school-meal programs for all children. 43 Most importantly, fifty-state surveys reveal that states often require schools to participate in these federal-meal programs or a state equivalent. 44 Similarly, the great majority of states now require schools to provide health services of some kind to students. 45 Many states go so far as to require preventive healthcare to students at no cost to all parents, or, in some states, at no cost to indigent parents. 46

On the whole, since 1975, the school has become more than the child’s source of academic instruction and socialization—it has become a supplier of nutritional meals and a provider of health services. 47 Accordingly, the deprivation suffered by children excluded from school, for any period of time, has increased beyond what the Goss Court anticipated. 48 As students’ interests in avoiding unjust removal from the school setting evolve, so too should the protections they receive in the course of exclusion. 49

This Note proceeds in four parts. Part I outlines how the creation and growth of the welfare and administrative states in the twentieth century prompted a shift in procedural due-process jurisprudence. Through the 1960s and 1970s, the Supreme Court broadened its understanding of the types of “property” protected by the Due Process Clause, which in turn facilitated the extension of procedural rights to additional classes of individuals, including students in Goss v. Lopez .

Part II examines Goss and its consequences in greater depth, focusing on Goss ’s threshold finding that students have a protected property interest in their educations. Under the Court’s flexible conception of due process, that key determination serves as the basis for judicial “reevaluation” of the minimum process required by the Due Process Clause as students’ entitlements expand. 50

Part III identifies the functions of the school that have undergone significant growth, in both nature and scope, since Goss was decided. Fifty-state surveys of laws and regulations reflect paradigm shifts in the school’s role in society—it is now the centerpiece of child-welfare programs. Federal nutritional programs have expanded massively since Goss , and most states have enacted laws or promulgated regulations mandating schools to participate in the federal-meal programs and provide children with government-subsidized meals. Moreover, the laws and regulations of many states now also require the provision of formal school health services to students. 51 Such programs, guaranteed to at least some students by statute or regulation, create reasonable expectations of entitlements in public-school students that constitute property interests. 52 These additional property interests affect students’ interest in avoiding unjust removal from the school environment, and necessitate a reevaluation of whether the procedural safeguards demanded by the Due Process Clause in 1975 continue to satisfy due process today. 53

In light of Part III’s analysis of the additional statutory and regulatory entitlements to students that properly constitute property interests falling within the ambit of the Clause, Part IV provides preliminary thoughts on additional procedures, beyond the informal notice-and-hearing requirement from Goss , that students should be afforded when facing exclusionary discipline, subject to the duration of the exclusion, variations in state entitlement schemes, and the scope of benefits to which the specific student is entitled.

Volume 133’s Emerging Scholar of the Year: Robyn Powell

Announcing the eighth annual student essay competition, announcing the ylj academic summer grants program.

See W. Va. State Bd. of Educ. v. Barnette, 319 U.S. 624, 637-38 (1943) (clarifying that public-school officials, as government actors, are subject to constitutional limits on government action).

U.S. Const. amends. V, XIV. The Supreme Court has read the cryptic language of the Due Process Clause as imposing both substantive and procedural limitations on government action. See Ryan C. Williams, The One and Only Substantive Due Process Clause , 120 Yale L.J. 408, 417-18 (2010). This Note focuses on the latter.

Robert L. Rabin, Job Security and Due Process: Monitoring Administrative Discretion Through a Reasons Requirement , 44 U. Chi. L. Rev. 60, 76 (1976) (observing that the “[u]nderlying . . . conception” of the Court’s early 1970s due-process jurisprudence “is the vital interest in promoting an accurate decision, in assuring that facts have been correctly established and properly characterized in conformity with the applicable legal standard”).

See Murray’s Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272, 276 (1856).

See, e.g. , Martin H. Redish & Lawrence C. Marshall, Adjudicatory Independence and the Values of Procedural Due Process , 95 Yale L.J. 455, 476 (1986).

See, e.g. , Jerry L. Mashaw, Administrative Due Process: The Quest for a Dignitary Theory , 61 B.U. L. Rev. 885, 902-03 (1981) (highlighting participation in hearings as a “dignitary process value[]”); David L. Kirp, Proceduralism and Bureaucracy: Due Process in the School Setting , 28 Stan. L. Rev. 841, 845-49 (1976) (describing how hearings both facilitate accuracy in substantive outcomes and reduce the possibility of biased decision-making).

See, e.g. , Sanford H. Kadish, Methodology and Criteria in Due Process Adjudication—A Survey and Criticism , 66 Yale L.J. 319, 346 (1957) (explaining that one of the “objectives” of due process, to “insur[e] the reliability of the [adjudicatory] process,” is “often expressed in terms of ‘fairness’”).

See Cynthia R. Farina, On Misusing “Revolution” and “Reform”: Procedural Due Process and the New Welfare Act , 50 Admin. L. Rev. 591, 591-99 (1998) (summarizing “the debate about the direction of procedural due process”).

Goldberg v. Kelly, 397 U.S. 254, 262 (1970).

Richard J. Pierce, Jr., The Due Process Counterrevolution of the 1990s? , 96 Colum. L. Rev. 1973, 1974 (1996) (noting that until Goldberg , property rights “were defined narrowly” by the Supreme Court “to include only forms of property that are usually the fruits of an individual’s labor, such as money, a house, or a license to practice law”).

See, e.g. , Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538, 542-43 (1985) (establishing that government employees, including, in this case, public-school security guards, are entitled to due process before termination on the grounds that state law granted public employees a property interest in their employment).

See, e.g. , Landon v. Plasencia, 459 U.S. 21, 34-35 (1982) (finding that lawful permanent residents are entitled to procedural protections under the Due Process Clause).

Goss v. Lopez, 419 U.S. 565, 573-76 (1975).

See, e.g. , Logan v. Zimmerman Brush Co., 455 U.S. 422, 430 (1982) (“[T]he types of interests protected as ‘property’ are varied and, as often as not, intangible, relating ‘to the whole domain of social and economic fact.’” (quoting Nat’l Mut. Ins. Co. v. Tidewater Transfer Co., 337 U.S. 582, 646 (1949) (Frankfurter, J., dissenting))).

Loudermill , 470 U.S. at 541 (“The right to due process ‘is conferred, not by legislative grace, but by constitutional guarantee. While the legislature may elect not to confer a property interest . . . it may not constitutionally authorize the deprivation of such an interest, once conferred, without appropriate procedural safeguards.’” (quoting Arnett v. Kennedy, 416 U.S. 134, 167 (1974) (Powell, J., concurring in part and concurring in result in part))).

Ky. Dep’t of Corrs. v. Thompson, 490 U.S. 454, 460 (1989). In other words, before determining what specific procedures are due, a court must make a threshold determination that an interest protected by the Due Process Clause is, in fact, implicated.

Bd. of Regents of State Colls. v. Roth, 408 U.S. 565, 577 (1972).

Id. at 576-77 ; see Rodney A. Smolla, The Reemergence of the Right/ P rivilege Distinction in Constitutional Law: The Price of Protesting Too Much , 35 Stan. L. Rev. 69, 72-73 (1982).

See Ingraham v. Wright, 430 U.S. 651, 674 (1977) (“There is, of course, a de minimis level of imposition with which the Constitution is not concerned.”).

Thompson , 490 U.S. at 460. A court may determine that a constitutionally protected interest is implicated at the first step of the due-process inquiry but nevertheless not require any process at the second step if the burdens the procedure would impose on the government outweigh the value of any “additional [procedural] safeguard[s].” See, e.g. , Ingraham , 430 U.S. at 682 (quoting Mathews v. Eldridge, 424 U.S. 319, 348 (1976)).

Rabin, supra note 3, at 76.

Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 (1985) (“An essential principle of due process is that a deprivation of life, liberty, or property ‘be preceded by notice and opportunity for hearing appropriate to the nature of the case.’” (quoting Mullane v. Cent. Hanover Bank & Tr. Co., 339 U.S. 306, 313 (1950))); Grannis v. Ordean, 234 U.S. 385, 394 (1914) (“The fundamental requisite of due process of law is the opportunity to be heard.”); Armstrong v. Manzo, 380 U.S. 545, 552 (1965) (stating that the opportunity to be heard “must be granted at a meaningful time and in a meaningful manner”); see also Larry Bartlett & James McCullagh, Exclusion from the Educational Process in the Public Schools: What Process Is Now Due , 1993 BYU Educ. & L.J. 1, 8-9 (explaining that, though the exact procedures required by the Due Process Clause depend in part on the nature of the deprivation, courts have recognized that due process requires notice and an opportunity to be heard).

Jason Parkin, Due Process Disaggregation , 90 Notre Dame L. Rev. 283, 301-02 (2014); see, e.g. , Hannah v. Larche, 363 U.S. 420, 442 (1960) (explaining that the specific procedure required “varies according to specific factual contexts”); Boddie v. Connecticut, 401 U.S. 371, 378 (1971) (“The formality and procedural requisites for the hearing can vary, depending upon the importance of the interests involved . . . .”).

Mathews , 424 U.S. at 334-35.

Frank H. Easterbrook, Substance and Due Process , 1982 Sup. Ct. Rev. 85, 89.

Jason Parkin, Dialogic Due Process , 167 U. Pa. L. Rev. 1115, 1119, 1127-28 (2019); see also Cafeteria & Rest. Workers Union, Local 473 v. McElroy, 367 U.S. 886, 895 (1961) (“The very nature of due process negates any concept of inflexible procedures universally applicable to every imaginable situation.”).

419 U.S. 565 (1975). Goss remains the only case that the Supreme Court has decided with respect to public-school students’ procedural rights when facing exclusionary discipline and is expressly limited “to the short suspension, not exceeding 10 days.” See id. at 584.

Id. at 572-74.

Id. at 576. Suspensions of ten days were deemed not de minimis. Id. The Court did not address the precise procedure constitutionally demanded for suspensions exceeding ten days or expulsions, instead merely noting that longer exclusions from the school setting “may require more formal procedures.” Id. at 584.

Id. at 577-78, 581.

Id. at 581.

Id. at 582; see Justin Driver, The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind 144-45 (2018) (discussing the minimal procedural requirements imposed by Goss v. Lopez ).

See infra Section II.B.2.

See, e.g. , Nadine Strossen, Protecting Student Rights Promotes Educational Opportunity: A Response to Judge Wilkinson , 1 Mich. L. & Pol’y Rev. 315, 316-18 (1996).

See, e.g. , John M. Malutinok, Beyond Actual Bias: A Fuller Approach to an Impartiality in School Exclusion Cases , 38 Child.’s Legal Rts. J. 112, 138-42 (2018) (proposing the addition of a requirement of impartial adjudication); Simone Marie Freeman, Note, Upholding Students’ Due Process Rights: Why Students Are in Need of Better Representation at, and Alternatives to, School Suspension Hearings , 45 Fam. Ct. Rev. 638, 644-46 (2007) (proposing representation at exclusionary hearings); James W. McMasters, Comment, Mediation: New Process for High School Disciplinary Expulsions , 84 Nw. U. L. Rev. 736, 737-38, 764-70 (1990) (proposing student-teacher mediation).

See Parkin, supra note 26, at 1119 (emphasizing that the specific procedure that satisfies the Due Process Clause is “amenable to reevaluation and revision”).

Cafeteria & Rest. Workers Union, Local 473 v. McElroy, 367 U.S. 886, 895 (1961) (“‘[D]ue process,’ unlike some legal rules, is not a technical conception with a fixed content unrelated to time, place and circumstances.” (quoting Joint Anti-Fascist Refugee Comm. v. McGrath, 341 U.S. 123, 162 (1951) (Frankfurter, J., concurring))).

Parkin, supra note 23, at 322; see Griffin v. Illinois, 351 U.S. 12, 20-21 (1956) (Frankfurter, J., concurring) (“‘Due process’ is, perhaps, the least frozen concept of our law—the least confined to history and the most absorptive of powerful social standards of a progressive society.”).

Morrissey v. Brewer, 408 U.S. 471, 481 (1972); see also Wilkinson v. Austin, 545 U.S. 209, 224 (2005) (observing that the Court has “declined to establish rigid rules” to govern the due-process inquiry); Hannah v. Larche, 363 U.S. 420, 442 (1960) (“‘Due process’ is an elusive concept. Its exact boundaries are undefinable, and its content varies according to specific factual contexts.”).

Cf. Jason Parkin, Adaptable Due Process , 160 U. Pa. L. Rev. 1309, 1311, 1314-17 (2012) (summarizing how changes in the administration of public benefits may have changed the specific procedures necessary to comport with the dictates of the Due Process Clause).

See David A. Super, The Political Economy of Entitlement , 104 Colum. L. Rev. 633, 648 (2004). David A. Super helpfully delineates six different types of entitlements: subjective, unconditional, positive, budgetary, responsive, and functional. See id. at 644-58. This Note, when referring to entitlements, employs Super’s definition of “positive entitlement,” one that confers “a legally enforceable individual right,” id. at 648, since that is the definition that courts use to determine whether a benefit constitutes a property interest protected by the Due Process Clause, id. at 648-50.

See Richard B. Russell National School Lunch Act, ch. 281, §§ 2-11, 60 Stat. 230, 230-34 (1946) (codified at 42 U.S.C. §§ 1751-1759 (2018)); see also infra Section III.A. Super observes that federal provisions concerning school lunches and breakfasts meet the criteria for budgetary, responsive, and functional entitlements, and arguably meet the criteria for unconditional entitlements, in addition to the positive-entitlement definition used in this Note. Super, supra note 42, at 728. In effect, then, regardless of one’s definition of “entitlement,” school-meal services meet it.

This Note features three online appendices. Appendix A displays relevant constitutional provisions from all fifty states concerning the right to education. Appendix B provides, where applicable, states’ laws and regulations pertaining to school meals. And Appendix C provides, where applicable, states’ laws and regulations pertaining to school healthcare. In each of the appendices, I exclude (1) state provisions that relate to measures related only during the COVID-19 public health emergency; and (2) state provisions regarding public charter schools and private schools. Each appendix is current as of March 1, 2022.

See infra Appendix C; Section III.B.

See infra Appendix C.

See infra Part III; Appendices B & C.

See Patricia Wald, Goss v. Lopez : Not the Devil; Nor the Panacea , 1 Mich. L. & Pol’y Rev. 331, 333 (1996).

Cf. Parkin, supra note 41, at 1317 (“By undermining many of the factual assumptions that originally justified the right to a fair hearing, these changes in the facts and circumstances of welfare programs and welfare recipients have increased the risk that benefits will be erroneously terminated.”).

Parkin, supra note 26, at 1152-53 (explaining that the Supreme Court’s due-process jurisprudence “open[s] the door to reevaluation of procedural due process precedents when changes in the underlying facts and circumstances bear upon the factors that courts must consider when evaluating challenges to existing procedures”).

See infra Appendices B & C. Inspiration for looking to applicable state laws and regulations to see change over time is drawn from James Bryce, who commented in 1888 that “he who would understand the changes [in] the American democracy will find far more instruction in a study of the state governments than of the federal Constitution.” 1 James Bryce, The American Commonwealth 366 (Indianapolis, Liberty Fund, Inc. 1995) (1888). Moreover, localities, via school district boards of education, can and have mandated additional nutritional and health programs. See Timothy D. Lytton, An Educational Approach to School Food: Using Nutrition Standards to Promote Healthy Dietary Habits , 2010 Utah L. Rev. 1189, 1190. I omit analysis of local regulations for the sake of brevity. See infra note 276.

See Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 577 (1972) (holding that constitutionally protected property interests are not created by the Constitution but “stem from an independent source such as state law”).

See Parkin, supra note 41, at 1362-65 (arguing that amending the procedures demanded by the Due Process Clause to account for “changing facts and circumstances is faithful to the Court’s” understanding of due process).

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Real Property on the Multistate Essay Exam: Highly Tested Topics and Tips

Real Property is regularly tested on the MEE. Here, we give you tips for approaching Real Property on the MEE and we reveal some of the highly tested issues in Real Property MEE questions.

Real Property on the Multistate Essay Exam

1. first, be aware of how real property is tested.

Real Property is tested, on average, about once a year. Real Property is generally tested on its own and not combined with another subject.

Real Property can be a challenging subject for many students. To prepare for Real Property on the MEE, it is best to begin by focusing on the highly tested issues. Also make sure to understand key Real Property vocabulary, as we discuss below.

2. Be aware of the highly tested Real Property issues

The examiners tend to test several of the same issues in Real Property MEE questions. You can maximize your score by being aware of these highly tested issues. (We have a nice summary of these in our  MEE One-Sheets  if you want to see all of them and have them all in one place.)

Some of the highly tested Real Property Multistate Essay Exam issues include:

Deeds are frequently tested when Real Property is tested on the MEE. Remember that there are two different types of deeds: general warranty deeds and quitclaim deeds.

• With a quitclaim deed , the grantee receives whatever interest the grantor has in the property. There are no warranties.
• A general warranty deed has six covenants: right to convey , seisen , no encumbrances , further assurances , quiet enjoyment , and warranty .

Recording acts

If you see a recording act issue tested, you should start your answer by discussing the common law default rule of first-in-time first-in-right .

Remember that a grantor can only convey the rights the grantor has at the time of conveyance. Many states have implemented recording acts that change the common law result. There are three different types of recording acts :

• Notice acts:  The language of a notice recording act will be something like, “A conveyance of interest in land is not valid against any subsequent purchaser for value without notice unless it is recorded .” This act has the word “recorded” but says nothing about recording  first .
• Race-notice acts:  The language of a race-notice act will be something like, “No conveyance of an interest in land is valid against any subsequent purchaser for value without notice unless it is recorded first . ” This act mentions both notice  and “recording first, which is your cue it is a race-notice act!
• Pure race acts:  Pure race acts protect a subsequent purchaser who records first. These are rare and are virtually never tested!

Landlord-tenant law

Landlord-tenant law turns up frequently in Real Property on the MEE. Be aware of the following points:

• Assignment of a lease or subleasing is permitted as long as there is no language in the original lease prohibiting it.

• The tenant has specific duties , including the duty to pay rent . If the tenant does not pay rent but has abandoned the property, the landlord can sue the tenant for damages or treat it as a surrender . Under the common law, the landlord has no duty to mitigate damages. However, many states have instituted their own laws requiring landlords to make a reasonable attempt to mitigate damages.
• The landlord also has specific duties , including the implied warranty of habitability —which requires the landlord to deliver residential premises in habitable condition —and the covenant of quiet enjoyment —which prohibits the landlord from interrupting the tenant’s enjoyment of the premises or making the premises unsuitable .

3. Learn Real Property vocabulary 

Not only is it important to understand and be able to define key terms, but it is also a good idea to bold and underline Real Property buzzwords on your MEE answers. By doing so, you will draw the grader’s attention to them and maximize your potential points.

Here are a few Real Property terms you should be aware of:

• Warranty deed:  contains six warranties (or covenants).
• Quitclaim deed:   contains no covenants.
• Merger:   once the closing occurs, the contract “merges” with the deed and the buyer can  only  sue on the deed at that point.

• Wild deed:   a deed that is not properly recorded in the chain of title and is outside the chain of title.
• Mortgagor:  the party responsible for the mortgage.
• Mortgagee:   The bank (or whoever lends money in exchange for a security interest). If you mix up the terms “mortgagor” and “mortgagee” remember that “it is better to be the mortgagee!”
• Term-of-years lease:   This term is deceiving because it does not have to be for years. This type of lease just has a specific start and end date . You can also think of this as a “fixed term” lease.
• Assignment:   the tenant grants  all the time remaining on the lease to the assignee.
• Sublease:   the tenant grants only part of the time on the lease and still has an interest in the property.
• Easement:   The non-possessory right to use the property of another . In other words, an easement holder does not  own  the property that is subject to the easement; it merely has a right to  use  the property.
• Joint tenancy:   When parties own an equal interest in land with the  right of survivorship (as opposed to  tenants in common , where there is no right of survivorship).

• Adverse possession:  when a party possesses land adversely (e.g., without permission), that party can become the true owner of the land after the statutory period has passed .

4. Practice!

Practice is critical if you want to master Real Property on the MEE. As an added bonus, you may also see your MBE score improve if you practice writing answers to Real Property MEE essays.

Note that since many Real Property issues are tested repeatedly, practice can make a big difference. For example, many of the same concepts in February 2018 were tested in February 2010 ! Any student who completed the February 2010 question would have been well prepared for the Real Property MEE on the February 2018 exam.

Here, we have provided you with some links to free Real Property MEE questions and NCBE point sheets. (If you would like to purchase a book of Real Property MEE questions and NCBE point sheets, check out our  MEE books  here. You can also see some additional exams  on the NCBE website for free here .)

• February 2023 Real Property MEE: this MEE covers adverse possession; color of title and constructive adverse possession; tacking for cause of action; and tolling of statute of limitations for disability (minor).
• July 2022 Real Property MEE: this MEE covers life estate, vested remainder, and duties of a life tenant; fee simple determinable and possibility of reverter; devisability, and RAP.
• February 2015 Real Property MEE: this MEE covers adverse possession and deeds.
• July 2013 Real Property MEE: this MEE covers deeds, merger, and warranties.
• February 2013 Real Property MEE: this MEE covers several landlord-tenant issues.

Go to the next topic, Secured Transactions .

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Good School, Rich School; Bad School, Poor School

The inequality at the heart of America’s education system

HARTFORD, Conn.—This is one of the wealthiest states in the union. But thousands of children here attend schools that are among the worst in the country. While students in higher-income towns such as Greenwich and Darien have easy access to guidance counselors, school psychologists, personal laptops, and up-to-date textbooks, those in high-poverty areas like Bridgeport and New Britain don’t. Such districts tend to have more students in need of extra help, and yet they have fewer guidance counselors, tutors, and psychologists; lower-paid teachers; more dilapidated facilities; and bigger class sizes than wealthier districts, according to an ongoing lawsuit. Greenwich spends $6,000 more per pupil per year than Bridgeport does, according to the State Department of Education .

The discrepancies occur largely because public school districts in Connecticut, and in much of America, are run by local cities and towns and are funded by local property taxes. High-poverty areas such as Bridgeport and New Britain have lower home values and collect less taxes, and so can’t raise as much money as a place like Darien or Greenwich, where homes are worth millions of dollars. Plaintiffs in a decade-old lawsuit in Connecticut, which heard closing arguments earlier this month, argue that the state should be required to ameliorate these discrepancies. Filed by a coalition of parents, students, teachers, unions, and other residents in 2005, the lawsuit, Connecticut Coalition for Justice in Education Funding (CCJEF) v. Rell , will decide whether inequality in school funding violates the state’s constitution.

“The system is unconstitutional,” the attorney for the plaintiffs Joseph P. Moodhe argued in Hartford Superior Court earlier this month, “because it is inadequately funded and because it is inequitably distributed.”

Connecticut is not the first state to wrestle with the conundrum caused by relying heavily on local property taxes to fund schools; since the 1970s, nearly every state has had litigation over equitable education, according to Michael Rebell, the executive director of the Campaign for Educational Equity at Teachers College at Columbia University. Indeed, the CCJEF lawsuit, first filed in 2005, is the state’s second major lawsuit on equity. The first, in 1977, resulted in the state being required to redistribute some funds among districts, though the plaintiffs in the CCJEF case argue the state has abandoned that system, called Educational Cost Sharing.

In every state, though, inequity between wealthier and poorer districts continues to exist. That’s often because education is paid for with the amount of money available in a district, which doesn’t necessarily equal the amount of money required to adequately teach students.

“Our system does not distribute opportunity equitably,” a landmark 2013 report from a group convened by the former Education Secretary Arne Duncan, the Equity and Excellence Commission, reported.

This is mainly because school funding is so local. The federal government chips in about 8 to 9 percent of school budgets nationally, but much of this is through programs such as Head Start and free and reduced-price lunch programs. States and local governments split the rest , though the method varies depending on the state.

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Nationally, high-poverty districts spend 15.6 percent less per student than low-poverty districts do, according to U.S. Department of Education. Lower spending can irreparably damage a child’s future, especially for kids from poor families. A 20 percent increase in per-pupil spending a year for poor children can lead to an additional year of completed education, 25 percent higher earnings, and a 20-percentage-point reduction in the incidence of poverty in adulthood, according to a paper from the National Bureau of Economic Research.

Violet Jimenez Sims, a Connecticut teacher, saw the differences between rich and poor school districts firsthand. Sims, who was raised in New Britain, one of the poorer areas of the state, taught there until the district shut down its bilingual education programs, at which point she got a job in Manchester, a more affluent suburb. In Manchester, students had individual Chromebook laptops, and Sims had up-to-date equipment, like projectors and digital whiteboards. In New Britain, students didn’t get individual computers, and there weren’t the guidance counselors or teacher’s helpers that there were in Manchester.

“I noticed huge differences, and I ended up leaving because of the impact of those things,” she told me. “Without money, there’s just a domino effect.” Students frequently had substitutes because so many teachers got frustrated and left; they didn’t have as much time to spend on computer projects because they had to share computers; and they were suspended more frequently in the poor district, she said. In the wealthier area, teachers and guidance counselors would have time to work with misbehaving students rather than expelling them right away.

Testimony during the CCJEF trial bears out the differences between poor areas like New Britain, Danbury, Bridgeport, and East Hartford, and wealthier areas like New Canaan, Greenwich, and Darien. Electives, field trips, arts classes, and gifted-and-talented programs available in wealthier districts have been cut in poorer ones. New Britain, where 80 percent of students qualify for free or reduced-price lunch, receives half as much funding per special-education student as Darien. In Bridgeport, where class sizes hover near the contractual maximum of 29, students use 15-to 20-year-old textbooks; in New London, high-school teachers must duct tape windows shut to keep out the wind and snow and station trash cans in the hallways to collect rain. Where Greenwich’s elementary school library budget is $12,500 per year (not including staffing), East Hartford’s is zero.

All of this contributes to lower rates of success for poorer students. Connecticut recently implemented a system called NextGen to measure English and math skills and college and career readiness. Bridgeport’s average was 59.3 percent and New Britain 59.7 percent; Greenwich, by contrast, scored 89.3 percent and Darien scored 93.1. Graduation rates are lower in the poorer districts; there’s more chronic absenteeism.

The crux of the state’s case is that it spends enough on education, and that Connecticut has one of the country’s best public-school systems. The Educational Cost Sharing formula gets tinkered with by the legislature, the state says, and Connecticut still spends more on poor districts than many regions of the country. It says that what CCJEF is asking is essentially $2 billion more in taxpayer funding to make schools equitable—a sum that would be difficult to raise in a cash-strapped state.

“While we wholeheartedly share the goal of improving educational opportunities and outcomes for all Connecticut children, it is the state’s position both that we are fulfilling our constitutional responsibilities and that the decisions on how to advance those goals are best left to the appropriate policymakers: local communities and members of the General Assembly,” Jaclyn M. Falkowski, a spokeswoman for Connecticut Attorney General George Jepsen, told me in an email. ​

Yet the fact remains that delegating education funding to local communities increases inequality. That’s especially true in Connecticut, which has some of the biggest wealth disparities in the country. Indeed, in Connecticut, rich and poor districts often abut each other. Bridgeport is in the same county as Greenwich and Darien; East Hartford is poor, but nearby West Hartford is affluent. How did a state like Connecticut, which had one of the first laws making public education mandatory, become so divided? And why does such an unequal system exist in a country that puts such a high priority on equality?

Many of the problems that have arisen in Connecticut’s school system can be traced back to how public education was founded in this country, and how it was structured. It was a system that, at its outset, was very innovative and forward-thinking. But that doesn’t mean it is working for students today.

“The origins were very progressive, but what might have been progressive in one era can become inequitable in another,” Rebell told me.

In the early days of the American colonies, the type of education a child received depended on whether the child was a he or a she (boys were much more likely to get educated at all), what color his or her skin was, where he or she lived, how much money his or her family had, and what church he or she belonged to. States like New Jersey, Pennsylvania, and New York depended on religious groups to educate children, while southern states depended on plantation owners, according to Charles Glenn, a professor of educational leadership at Boston University.

It was the Puritans of Massachusetts who first pioneered public schools, and who decided to use property-tax receipts to pay for them. The Massachusetts Act of 1642 required that parents see to it that their children knew how to read and write; when that law was roundly ignored, the colony passed the Massachusetts School Law of 1647 , which required every town with 50 households or more hire someone to teach the children to read and write. This public education was made possible by a property-tax law passed the previous year, according to a paper, “ The Local Property Tax for Public Schools: Some Historical Perspectives ,” by Billy D. Walker, a Texas educator and historian. Determined to carry out their vision for common school, the Puritans instituted a property tax on an annual basis—previously, it had been used to raise money only when needed. The tax charged specific people based on “visible” property including their homes as well as their sheep, cows, and pigs. Connecticut followed in 1650 with a law requiring towns to teach local children, and used the same type of financing.

Property tax was not a new idea; it came from a feudal system set up by William the Conquerer in the 11th century when he divided up England among his lieutenants, who required the people on the land to pay a fee in order to live there. What was new about the colonial property-tax system was how local it was. Every year, town councils would meet and discuss property taxes, how much various people should pay, and how that money was to be spent. The tax was relatively easy to assess because it was much simpler to see how much property a person owned that it was to see how much money he made. Unsurprisingly, the amounts various residents had to pay were controversial. (A John Adams – instituted national property tax in 1797 was widely hated and then repealed.)

Initially, this system of using property taxes to pay for local schools did not lead to much inequality. That’s in part because the colonies were one of the most egalitarian places on the planet—for white people, at least. Public education began to become more common in the mid-19th century. As immigrants poured into the country’s cities, advocates puzzled over how to assimilate them. Their answer: public schools. The education reformer Horace Mann, for example, who became the secretary of the newly formed Massachusetts Board of Education in 1837, believed that public schooling was necessary for the creation of a national identity. He called education “the great equalizer of the conditions of men.”

Though schooling had, until then, been left up to local municipalities, states began to step in. After Mann created the Board of Education in 1837, he lobbied for and won a doubling of state expenditures on education. In 1852, Massachusetts passed the first law requiring parents to send their children to a public school for at least 12 weeks.

The idea of making free education a right was controversial—the “most explosive political issue in the 19th century, except for abolition,” Rebell said. Eventually, though, when reformers won, they pushed to get a right for all children to public schooling into states’ constitutions. The language of these education clauses varies; Connecticut’s constitution, for example, says merely that “there shall always be free public elementary and secondary schools in the state,” while Illinois’ constitution requires an “efficient system of high-quality public educational institutions and services.”

Despite widespread acceptance of mandatory public education by the end of the 19th century, the task of educating students remained a matter for individual states, not the nation as a whole. And states still left much of the funding of schools up to cities and towns, which relied on property tax. In 1890, property taxes accounted for 67.9 percent of public-education revenues in the U.S. This means that as America urbanized and industrialized and experienced more regional inequality, so, too, did the schools. Areas that had poorer families or less valuable land had less money for schools.

In the early part of the 20th century, states tried to step in and provide grants to districts so that school funding was equitable, according to Allan Odden, an expert in school finance who is a professor emeritus at the University of Wisconsin-Madison. But then wealthier districts would spend even more, buoyed by increasing property values, and the state subsidies wouldn’t go as far as they once had to make education equitable.

The disparities became more and more stark in the decades after World War II, when white families moved out of the cities into the suburbs and entered school systems there, and black families were stuck in the cities, where property values plummeted and schools lacked basic resources. In some states, where school districts were run on the county level, costs could be shared between rich and poor districts by combining and integrating them, especially after Brown v. Board of Education . But in states like Connecticut, with deeper histories of public schooling, there were hundreds of separate districts, and it was much more difficult to combine them or to equalize funding across them.

The most aggressive attempt to ameliorate these disparities came in 1973, in a Supreme Court case, San Antonio Independent School District v. Rodriguez . It began when a father named Demetrio Rodriguez, whose sons attended a dilapidated elementary school in a poor area of San Antonio, sued the state of Texas, claiming that the way that schools were funded fundamentally violated the U.S. Constitution’s equal-protection clause. Rodriguez wanted the justices to apply the same logic they had applied in Brown v. Board of Education —that every student is guaranteed an equal opportunity to education. The justices disagreed. In a 5 – 4 decision, they ruled that there is no right to equal funding in education under the Constitution.

With Rodriguez , the justices essentially left the funding of education a state issue, forgoing a chance for the federal government to step in to adjust things Since then, school-funding lawsuits have been filed in 45 out of 50 states, according to Rebell.

Though it might seem odd that the Supreme Court has ruled that Americans have a right to live in a better zip code and a right to work at a company no matter their race, but not that every American child has the right to an equal education, there is legal justification for this. The Founders didn’t include a right to an education in the country’s founding documents. Though the federal government is involved in many parts of daily life in America, schooling is, and has always been, the responsibility of the states.

The plaintiffs in the Connecticut lawsuit want the state to undertake an intense study of local schools and see what is needed to give each child a good education. They want the state to look at how much a district can reasonably raise from its property taxes, and then come up with a formula for how different districts can share revenues so that schooling is more equitable. They don’t just want poor districts to get more money; they want poor districts to get enough money so that disadvantaged children can do just as well as children from wealthier areas.

“We think the state’s responsibility is to ensure that every child, in every school, in every school district, regardless of whether they’re impoverished, is given the opportunity to graduate from high school, and be able to be a full citizen and active in the civic life of their town, state and nation,” Jim Finley, the principal consultant for CCJEF, told me.

If CCJEF wins, it might take a page from other states that have tried to radically overhaul how schools are funded from district to district. After the Vermont Supreme Court ruled that the state’s education funding system was unconstitutional, the state in 1997 passed Act 60, which ensured that towns spent the same amount of revenue per pupil. Districts paid into a common pool, which was then redistributed to poorer areas. And since the New Jersey Supreme Court ruled in 1990 that the state’s funding system was unconstitutional in the Abbott v. Burke case, New Jersey has been required to spend extra money in 31 of the state’s poorest school districts.

Asking the state to step in can also have its downsides. A court decision in California in 1971, Serrano v. Priest , found that the state system, which relied heavily on property tax, violated the state’s constitution because there was such great inequality. The state decided then to make sure spending in every district was the same, not allowing for any disparity. But then, when voters in the state passed Proposition 13 in 1978, limiting the amount of property tax homeowners pay in a given year, the state was left trying to equalize schools with a shrinking pot of money. The result has been extremely low levels of state funding available, and shrinking expenditures on public schools throughout the state.

The federal government has provided additional funding for poor districts since 1965, when Lyndon B. Johnson signed the Elementary and Secondary Education Act (ESEA), but federal intervention in schools has always been controversial, with many parents and school-district leaders resisting federal dictates about curriculum and standards. The 2001 No Child Left Behind Act, which reauthorized ESEA, received pushback after schools struggled to keep up with testing requirements and progress reports. That law was replaced in 2015 with the Every Student Succeeds Act, which rolled back the federal government’s role in local education.

In general, keeping schools equitable across a state is a tough task, says Odden, the school-finance expert. Immediately after a court case, there’s a lot of momentum for redistributing revenues. But then, as time goes on, the impetus for giving more to poor districts wanes.

There have been suggestions that it is time to change the school-finance system to one that more successfully directs resources to where they’re needed. Indeed, the United States is one of the only countries that allows the economies of local areas to determine the quality of local schools.

In 1972, a commission appointed by Richard Nixon came up with a far-reaching report, Schools, People, & Money. The Need for Educational Reform, about how over-reliance on property tax led to inequitable schools. It found that money was not being “collected equitably or spent according to the needs of children,” the commission reported. “We conclude it will be better spent when the bulk of it is raised and distributed by the States to their districts and schools,” it said.

It would have been a big change. But of course, states did not, by and large, change how they collected revenues or how their schools were paid for. It may seem logical that a state would step in and try to fund poorer districts; states don’t want to be known for low test scores and graduation rates, and will pay the price if their residents don’t get a good education. But giving money from rich districts to poor ones is politically difficult, as Connecticut has learned. And money is increasingly tight as states struggle with budget issues and have to spend more money on corrections, infrastructure, and Medicaid than they once did.

More than 40 years after the Nixon report, another big group, the Equity and Excellence Commission, again recommended that the nation change its school-finance system. New federal funding could be directed toward high-poverty areas, it said, and the country could decide what resources are needed to make sure every student gets a good education, regardless of what money is available.

“This is a declaration of an urgent national mission: to provide equity and excellence in education in American public schools once and for all,” Congressman Mike Honda wrote in the report’s foreword.

Rebell, who served on the committee, says the group came up with a remarkable consensus, but that the report was ignored by Congress. Any bills related to the report have gone nowhere. Instead, advocates of school equity are left to fight on the state level.

Opponents of school-finance reform often argue that money isn’t problem, and that increased spending won’t lead to better outcomes at schools in poor districts. But studies show that after courts order public schools to spend more on low-income students, students begin to do better and better in school. There may be challenges that go beyond what more equitable funding alone can solve, but it’s the best place to start.

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The Utter Inadequacy of America’s Efforts to Desegregate Schools

Rights People Lose on Public School Property Research Paper

• To find inspiration for your paper and overcome writer’s block
• As a source of information (ensure proper referencing)
• As a template for you assignment

Public schools are institutions funded by government through taxpayers’ money, and that is why is owns most of the schools. The heads of schools are accountable to the government because they bear responsibility for running public schools. Government supervises many institutions, from elementary level school to Universities. Even though there is an opinion that there is little supervision on the heads of schools, the government has created a special department which follows schools heads’ performance.

Schools have become the place for embezzlement of funds. Corruption can interfere learning in many ways. The heads of school siphon millions of dollars annually through crooked reason leaving children with outdated and discarded books, which eventually lead to their unintentional failure (Segal 102).

Frauds by the heads of schools always hinder development in such schools. This forces some children to learn in unfinished classrooms, without chairs, etc. This deprives the innocent children of their right for healthy and supportive environment.

Joel Turtel writes that our public schools have become an educational menace to our children. He shows statistics for 2002 in the New York State Department of Education on public schools where 65% of elementary students, 90% of intermediate student and 84% of high school students failed to meet the New York Standards (86). This failure should be partially attributed to the administration fraud and partially to the students’ irresponsible attitude to studying.

Teachers are often overworked due to their little number in comparison with many children. Teachers do not give children attention they need and children may go home with some lessons missed which may lead to class failure at the end of the term. A public school can also turn to be a dangerous place because of violence (Segal 46). Teenagers often lack judgment and cannot control their emotion.

With the class, having teenagers of different ages, bullying of younger children by their elders is something inevitable. With no teachers around, children have more time to interact with each other eventually budding peer pressure. Peer pressure makes the class a natural breeding place for drug abuse. Children’s right of protection from substance abuse is therefore suspended. With substance abuse, parents do not expect their children to deliver something substantial from school.

Adolescents always have raging hormones and arousing sexuality. Therefore with the critical issue of socialization in public schools, younger girls will end up dropping out of school because of unwanted pregnancies. I believe that bullying, peer pressure, and sexual tension create an environment which is non-blissful and violent.

Mandatory attendance law also contributes to violation of children rights. The law forces children to sit in boring classes from six up to eight hours consequently. This kills desire for learning. Those teenagers who are forced to be at school will take their aggression on other students.

The compulsory attendance law helps government own children for 12 years and at the same time assuming the parental responsibility. With all the 12 years, parents have little to say on matters regarding their children. The school authorities nowadays threaten parent with arrest if they choose not to comply with the compulsory attendance law, but many scholars believe this is wrong (Alexander and Alexander 257).

Disabled children also face discrimination in public schools. It becomes hectic for the socially impaired children to interact with other kids. They always have motives that other children will subject them to insults. This adds another potential layer of violence. Violence can often kill a child morally.

One of the parental responsibilities is protecting their children from adverse sex behaviors. Yet many public schools still force potentially harmful sex education into the brains of the innocent students. Most of the time parents have no control over the content of the classes and hence their children may end up spoiled by the bad values taught.

I mean that the failure to incorporate appropriate sexual education, failure of a teacher to create a contact between him/herself and students may lead to controversial effect. Therefore, the lack of attention of a teacher to his/her students and the inability to implement appropriate sexual education may lead to increase of the violence, but not the understanding of the protected healthy sexual relations.

Some public schools tend to turn their students against their parents. They tell them stories about child abuse, which make children become suspicious. Some school authorities inquire teachers to ask children how their parents behave at home.

Many public schools now teach children anti-Christianity and try to mold children’s mind in a way that they embrace different religions (Turtel 52). Showing children that all religions are good and should be respected, teachers fail to stress on Christianity as native religion and many children are confused. Believing that children are at good hands, parents do not pay much attention to their children and harm them greatly.

People lose their rights mainly because of mismanagement characterizing public schools which is the part of public school property. This gives the implication that the federal government should put more effort in ensuring that these rights are maintained. This can only be achieved by ensuring that the publics are enlightened on the statutes that govern the country. Therefore, public school property depends on many factors and the failure to meet some specific laws, norms of behavior and teaching may result in loss of rights.

Alexander, Kern and M. David Alexander. American public school law . Cengage Learning, 2005. Print.

Segal, Lydia G, et al. Battling Corruption in America’s Public Schools . Cambridge: Harvard University Press, 2005. Print.

Turtel, J. Public Schools, Public Menace: How Public Schools Lie to Parents and Betray Our Children . New York: Liberty Books, 2005. Print.

• Sex Education – Importance and How to Teach
• The Role of the American Government in the US Education System
• Is Mandatory Attendance of Class Goo or Bad?
• Nature of Bullying
• Bullying and Cyberbullying Among Peers
• Planning a Program of Physical Development
• Physical Education and Its Benefits
• Sex Education Class Compared to Science Class
• Video Games Do Enhance Learning Ability
• The Refusing of the NSF Grant: Case Analysis
• Chicago (A-D)
• Chicago (N-B)

IvyPanda. (2018, June 10). Rights People Lose on Public School Property. https://ivypanda.com/essays/rights-people-lose-on-public-school-property/

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Bibliography

IvyPanda . "Rights People Lose on Public School Property." June 10, 2018. https://ivypanda.com/essays/rights-people-lose-on-public-school-property/.

• Wolf Law Library
• Exams & Study Aids
• Students' Reviews

Property: Examples and Explanations (6th ed.)

Barlow Burke, and Joseph Snoe KF560 .B87 2019 Examples & Explanations Series Good for: Understanding Concepts, Outlining This series is always dependable. It is a great companion to read along with your class assignments, or to clarify issues that you need more exposure to. Each chapter starts off with an overview of the topic and then delves into the relevant topics under that heading. Mentioned are all of the landmark cases, and it gives you helpful hypotheticals with lengthy explanations at the end of each chapter.

Acing Property: A Checklist Approach to Solving Property Problems (2nd ed.)

Colleen E. Medill KF560 .M43 2012 (and online ) Acing Law School Series Good for: Understanding Concepts, Outlining The Acing series is always dependable. It's a great companion to read along with, or to clarify issues that you need more exposure to. It has overviews of the topics, and delves into the relevant topics under each heading. It mentions all of the landmark cases, and gives you helpful hypotheticals with lengthy explanations at the end of each chapter.

Questions and Answers: Property (2nd ed.)

John Copeland Nagle KF560 .Z9 N34 2014 Questions & Answers Series Good for: Exam Preparation Containing only practice questions, this book is very simple and straightforward. It is divided into ten broad topics of property law containing both short answer and objective questions, ranging from 10 to 20 questions each topic. Lastly, there are 50 final exam questions in short answer and objective form. The Q&A is a great way to test your knowledge and sharpen your understanding of the law leading up to an exam.

Property (18th ed.)

James Krier KF561 .D84 2013 (and online ) Gilbert Law Summaries Good for: Outlining Gilbert’s is a well-known provider of study aides and is best used for outlining and preparing exam answers. It provides a comprehensive outline of property with sufficient explanations of the subjects and rules. At the beginning of each chapter there is a "Chapter Approach" which lets you know the key subjects addressed in that chapter and gives a succinct version of the key rules. Gilbert's lays out the relevant rule right away and then gives helpful examples to contextualize the rule. Throughout the chapters there are helpful figures and charts for those who appreciate a visual representation of the rules. There are also many "exam tips" throughout the chapters to keep you focused on how to respond to potential exam questions. The 100 objective questions and 7 short issue spotter exam questions at the end will test your comprehensive knowledge and prepare you for your upcoming exam.

Property (8th ed.)

Steven L. Emanuel KF561 .E47 2012 Emanuel Law Outlines Good for: Outlining, Exam Preparation The Emanuel outline is comprehensive in its review of property law. There is a capsule summary at the beginning, with just the essentials you may want on an outline. It describes the rules and concepts in outline form, and includes important cases. There are short-answer quizzes, and exam tips at the end of each chapter. The tables and charts throughout the book are really helpful for complicated rules. And, at the end, there are 25 multi-state style exam questions and three essay style questions to help you prepare for the exam.

The Glannon Guide to Property: Learning Property through Multiple-Choice Questions and Analysis (3rd ed.)

James Charles Smith KF561 .S627 2015 Glannon Guides Good for: Understanding Concepts, Exam Preparation The Glannon Guide is similar to the Examples & Explanations, but with less depth or discussion of cases. It gives you a broader summary of the rules and concepts of property. Each chapter has specific sections that will spell out the rules and relevant cases. There is an objective style question following each section, and the book gives a detailed analytical answer, using the rules and cases described (there are also 15 broader practice questions at the end). I recommend this guide if you are looking for a broad overview, and a few practice questions to test yourself on specific subjects.

The Law of Property (2nd ed.)

Christopher Serkin KF570 .S47 2016 (and online ) Concepts and Insights Series Good for: Understanding Concepts This would make a great companion to read alongside your casebook, and to supplement your reading for class. The information flows nicely, and the author makes the overall concepts easy to understand. Each chapter starts with a roadmap, and then delves into the relevant cases that shape the various doctrines. Then, the chapter discusses overall justifications (policy, economic, labor theory, etc.) driving those doctrines, and the different ways to analyze issues based on those justifications. The most helpful aspect of the Concepts and Insights series is that it summarizes the relevant cases and goes into an in-depth discussion of their rules, to help the reader understand the importance of the case. If you are struggling with understanding the rules or overall importance of cases, this book is a great help.

Principles of Property Law (7th ed.)

Herbert Hovenkamp, and Sheldon F. Kurtz KF570 .S532 2016 (and online ) Concise Hornbooks Series Good for: Understanding Concepts The Concise Hornbook addresses the main subjects of property law, with sections describing the rules. The rules are very clear and given to the reader in a short and concise paragraph or two. Then, the rest of the chapter is dedicated to 10 or so problems based on actual cases. The book goes into detail in the analysis part of the problems to explain courts’ reasoning and how the rules were applied. This guide is best used for understanding the concepts of property law and how those have been applied to the common law cases.

Property (6th ed.)

Roger Bernhardt, and Ann M. Burkhart KF570 .Z9 B46 2012 (and online ) Black Letter Outlines Good for: Outlining, Exam Preparation The Black Letter outlines provide a comprehensive overview of property law in an outline format. There is a capsule summary at the beginning which would be helpful to review in the week before your exam. The rest of the study aid is a more extensive outline with helpful examples throughout and review questions at the end of each subject. There are 23 objective exam-style questions and three issue-spotter essay questions at the end. This book might be helpful for exam preparation, but is most helpful for making your outline.

Property (5th ed.)

Stephen L. Emanuel KF570 .Z9 E43 2017 CrunchTime Series Good for: Outlining, Exam Preparation The CrunchTime is similar to the Emanuel outline, however, it's tailored for studying in the week or days before your exam. There's a capsule summary outline with exam tips throughout. The 108 short answer questions are divided by chapter, so you can practice questions relating to specific topics that you would like to work on. Then, there's 25 multiple choice questions that test you on your general knowledge. Perhaps the most valuable part of this guide are the many flowcharts that help you visualize topics, from adverse possession to future interests. The charts are extremely helpful for visual learners, or those who would like to see the material in a different format.

A Short and Happy Guide to Property (2nd ed.)

Paula Franzese KF570 .Z9 F728 2012 (and online ) Short & Happy Law Series Good for: Understanding Concepts In fewer than 150 pages, this book condenses property law into its most basic form. It presents the material in a simple and clear fashion, and provides helpful examples throughout. There are also some charts and useful memory devices to make things easier to comprehend: such as adverse possession, and estates in land. The Short & Happy books don't go in-depth, or discuss important cases, so it's best used to help your knowledge of property, and for reviewing leading up to your exam.

Joseph William Singer KF570 .Z9 S56 2017 Aspen Student Treatise Series Good for: Understanding Concepts This treatise is extensive when it comes to property concepts and theories. Where most guides gloss over underlying theories and go straight to possession, this guide takes a different approach. It first addresses the main theories that influence property decisions, and then is divided into main subject areas. Each area is described in depth, with many cases and examples. There are also "Hard Cases" included at the end of each section to show how the courts have been treating tough borderline cases. Overall, this treatise is best used for understanding the basic property concepts, to grind the lenses through which you may view certain issues.

The Impact of Local Schools on Home Values: An In-Depth Analysis

If you're a homeowner or considering purchasing a property, you have probably heard the phrase "location, location, location." What's less commonly discussed, but equally vital, is the link between local schools and home values. In this article, we're going to delve into this significant relationship and understand how the quality of local schools can dramatically impact the worth of your home. It's not merely about grades and sporting achievements; the link between schools and property values encompasses several intricate factors.

The Connection Between Schools and Home Values

How schools influence buyer behavior.

Homebuyers, particularly families with children, often prioritize the quality of local schools when searching for a new home. For many, it's not just about the immediate educational needs but also the potential long-term impact on their children's future. The quality of schools is a symbol of a neighborhood's character and often translates into a sense of stability, safety, and community. Thus, homes in areas with top-rated schools tend to have higher values and better market appeal.

The Role of School Rankings

School rankings and test scores are readily available to the public, and many real estate websites even include these metrics in their listings. As buyers become more educated about the rankings, they naturally gravitate towards areas with higher-rated schools. This demand pushes property values higher, creating a cycle where the reputation of local schools becomes directly tied to home prices.

The Economic Perspective

Property taxes and funding.

In many locations, schools are funded by local property taxes. In areas where home values are higher, more funds are available for schools, leading to better facilities, teachers, and resources. This funding pattern can create a self-reinforcing loop where higher home values lead to better-funded schools, which in turn attract more homebuyers.

Long-term Investment Potential

Investing in a property in a location with top-ranked schools is often seen as a safe and wise financial decision. The continued demand for such properties often ensures that they maintain their value, or even appreciate, over the long term. This stability is appealing to both families looking to settle down and investors seeking a steady return on their investment.

The Social Perspective

Community engagement.

Local schools often serve as community hubs, fostering relationships among neighbors and building a sense of camaraderie. Community engagement activities, school functions, and local support for sports and arts programs can all contribute to a lively and connected neighborhood, making the area more desirable to potential buyers.

Addressing the Gap

The relationship between schools and home values can also create disparities between different areas. Those neighborhoods with lower-rated schools may find it challenging to attract buyers, leading to stagnant or declining property values. Policymakers, educators, and community leaders must acknowledge this gap and work collaboratively to improve school quality across the board, benefiting both homeowners and students.

Case Studies

The silicon valley example.

In the heart of Silicon Valley, where technology companies flourish, school rankings have played an instrumental role in skyrocketing home values. Buyers here often pay premiums for properties located within the boundaries of top-rated schools. The intense competition for such homes is a testament to the powerful impact local schools can have on property values.

A Small Town Perspective

In contrast, small towns or rural areas may experience a different dynamic. While school quality still matters, the community's character and local culture can also play significant roles in determining home values. Here, the alignment of school values with community beliefs can be as essential as rankings and test scores.

A Closer Look at School Quality

Academic achievements.

Top-performing schools often boast high academic achievements, which can be a strong selling point for potential buyers. A school with a track record of excellence in subjects like mathematics, science, and literature often signals a robust educational system, enhancing the neighborhood's appeal.

Extracurricular Activities

Schools offering a wide variety of extracurricular activities can also drive property values. These programs enrich students' lives, offering them opportunities to develop new skills and interests. Whether it's sports, arts, or technology clubs, the variety and quality of extracurricular activities contribute to a school's reputation.

Teacher Quality and Student-Teacher Ratio

The quality of teachers and the student-teacher ratio can significantly impact a school's desirability. Schools that invest in professional development for teachers and maintain smaller class sizes often yield better educational outcomes. This, in turn, reflects positively on home values in the surrounding area.

The Psychological Perspective

Perceived safety.

Parents often associate good schools with safe neighborhoods. The assumption is that a community that invests in education is likely to be more attentive to issues of safety and welfare. This perception can boost demand for homes in such areas, driving up property values.

Social Status

In some cases, the prestige associated with certain schools can become a status symbol. Living in a district with a renowned school can convey a certain social standing, further attracting affluent buyers and increasing competition for homes.

Regional Differences

Urban vs. suburban.

The impact of local schools on home values can vary between urban and suburban areas. In densely populated urban regions, the competition for top-rated schools might be fiercer, impacting property values more significantly. In contrast, suburban areas might see a more balanced interplay between school quality and other lifestyle factors.

Economic Development

The economic development of a region can also shape the relationship between schools and property values. Thriving business sectors may lead to higher incomes, more substantial investments in education, and, consequently, increased property values.

Future Trends

Technology in education.

The integration of technology in education is becoming an increasingly important factor for many parents. Schools that embrace modern technology provide students with valuable skills for the future. The perception of a forward-thinking education system can make homes in such districts more appealing.

Sustainable Practices

With the growing emphasis on sustainability, schools that adopt environmentally friendly practices can also affect property values. Solar panels, recycling programs, and energy-efficient buildings can appeal to eco-conscious buyers.

Real-Life Stories from Homeowners

Sarah's story.

Sarah, a mother of two, specifically chose her new home because of its proximity to a school known for its stellar arts program. She saw it as an investment not only in her children's education but in the value of her property.

David's Story

David, an investor, bought a property in a neighborhood where a new school was being built. He was banking on the notion that the school would enhance the area's appeal, and he was right. The property's value soared within a few years.

Concluding Thoughts: A Balanced View

Understanding the multifaceted relationship between local schools and home values requires looking beyond mere rankings. It's a synergy of various academic, social, economic, and psychological factors that interweave to form a complex tapestry.

For homeowners and potential buyers, recognizing these aspects can lead to more informed and strategic decisions. For educators, policymakers, and community leaders, it calls for an integrated approach to ensure that the benefits of good local schools are accessible to all, without widening social divides.

In the end, the impact of local schools on home values is a reflection of the broader societal values. It emphasizes the essential role of education, not just as a pathway to individual success but as a cornerstone of community development, economic stability, and social cohesion.

Through this in-depth analysis, we hope to have provided valuable insights into an issue that resonates with homeowners, educators, policymakers, and anyone interested in the intersections between education, real estate, and community well-being.

The Global Perspective

Different education systems.

The connection between schools and home values is not confined to one country or region; it's a global phenomenon. However, the way this relationship manifests can vary widely depending on local education systems, cultural values, and economic conditions. Examining different regions across the globe can provide further insight into how these dynamics play out in various contexts.

Educational Priorities

Different cultures may place varying emphasis on certain aspects of education, influencing how schools affect home values. In some societies, a strong focus on traditional academic subjects might be most important, while others might prioritize vocational training or character education.

Policy Considerations

Zoning laws.

Local zoning laws can also play a role in the relationship between school quality and property values. Boundaries determining school catchment areas can lead to sharp differences in property values, even between neighboring streets. This effect can be so pronounced that real estate agents and buyers pay close attention to these zones when considering property purchases.

Equitable Access

Policymakers must consider the implications of the link between school quality and home values for social equity. High home values in areas with good schools can exclude lower-income families from access to quality education, exacerbating inequality. Strategies to ensure that quality education is accessible to all, regardless of their ability to live in high-value areas, are crucial for social cohesion and justice.

The Way Forward

Collaborative efforts.

Addressing the complex relationship between schools and property values requires the collaboration of various stakeholders, including educators, government officials, real estate professionals, and community members. A concerted effort that considers the diverse needs and aspirations of all stakeholders can lead to more robust and equitable solutions.

Embracing a Holistic Approach

Rather than focusing solely on test scores and rankings, communities could benefit from a more comprehensive approach that considers the whole child and the whole community. Schools that foster creativity, critical thinking, empathy, and civic engagement can be valuable assets to a neighborhood, enriching the lives of both students and residents.

Final Words

The impact of local schools on home values is far from a straightforward equation. It's a complex interplay of various factors, from academic performance and extracurricular opportunities to community engagement, safety perceptions, and even global trends.

For those considering purchasing a home, an understanding of this relationship is key to making informed decisions that align with both financial and familial goals. For educators, policymakers, and community leaders, recognizing and navigating this intricate link is vital for crafting policies that promote not only individual success but also the greater good of the community.

As we move forward, it's essential to approach this relationship with nuance, empathy, and a keen eye for the broader societal implications. The stories we've shared, the trends we've explored, and the future we've contemplated all point to a powerful truth: local schools are not just centers of education; they're essential components of our communities, our economies, and our collective future. By investing in quality education and fostering strong connections between schools and their surrounding communities, we are truly investing in a brighter, more equitable, and more prosperous future for all.

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NCJRS Virtual Library

Vandalism in our schools: a study concerning children who destroy property and what to do about it, additional details, no download available, availability, related topics.

School Vandalism and Break-Ins

Guide no.35 (2005).

by Kelly Dedel

PDF Guide   Order Bound Copy

The Problem of School Vandalism and Break-Ins

This guide addresses school vandalism and break-ins, describing the problem and reviewing the risk factors. It also discusses the associated problems of school burglaries and arson. The guide then identifies a series of questions to help you analyze your local problem. Finally, it reviews responses to the problem, and what is known about them from evaluative research and police practice.

Related Problems

School vandalism and break-ins are similar to vandalism and break-ins elsewhere, and some of the responses discussed here may be effective in other settings. However, schools are unique environments; the factors underlying school vandalism and break-ins differ from those underlying similar acts elsewhere, and therefore must be analyzed separately. Related problems not addressed in this guide include

• Vandalism in nonschool settings
• School theft by students (e.g., of student backpacks and wallets)
• School theft by staff (e.g., of equipment)
• Burglary of retail establishments
• Burglary of single-family houses .

School break-ins typically fall into one of three categories:

• Nuisance break-ins, in which youth break into a school building, seemingly as an end in itself. They cause little serious damage and usually take nothing of value.
• Professional break-ins, in which offenders use a high level of skill to enter the school, break into storage rooms containing expensive equipment, and remove bulky items from the scene. They commit little incidental damage and may receive a lot of money for the stolen goods.
• Malicious break-ins entail significant damage to the school's interior and may include arson. Offenders sometimes destroy rather than steal items of value. 1

While school vandalism and break-ins generally comprise many often-trivial incidents, in the aggregate, they pose a serious problem for schools and communities, and the police and fire departments charged with protecting them. Many school fires originate as arson or during an act of vandalism. 2 Though less frequent than other types of school vandalism, arson has significant potential to harm students and staff. In the United Kingdom in 2000, approximately one-third of school arson fires occurred during school hours, when students were present, a significant proportional increase since 1990. 3

Graffiti tagging and other forms of defacement often mar school buildings and grounds.  Credit: David Corbett

These statistics likely fail to reveal the magnitude of the problem. While the U.S. Department of Education, major education associations, and national organizations regularly compile data on school-related violence, weapons, and gang activity, they do not do so regarding school vandalism and break-ins. One reason for this may be that schools define vandalism very differently—some include both intentional and accidental damage, some report only those incidents that result in an insurance claim, and some include only those incidents for which insurance does not cover the costs. 6 School administrators may hesitate to report all cases of vandalism, break-ins, or arson because they view some as trivial, or because they fear it will reflect poorly on their management skills. 7 Partially because of the failure to report, few perpetrators are apprehended, and even fewer are prosecuted. 8

The lack of consistency in reporting school vandalism and break-ins means that cost estimates are similarly imprecise. Vandalism costs are usually the result of numerous small incidents, rather than more-serious incidents. Various estimates reveal that the costs of school vandalism are both high and increasing. 9 In 1970, costs of school vandalism in the United States were estimated at $200 million, climbing to an estimated $600 million in 1990. 10 Not only does school vandalism have fiscal consequences associated with repairing or replacing damaged or stolen property and paying higher insurance premiums if schools are not self-insured, but it also takes its toll in terms of aspects such as difficulties in finding temporary accommodations and negative effects on student, staff, and community morale.

Not all incidents of vandalism and break-ins have the same effect on the school environment. Again, two useful dimensions for understanding the problem's impact are the monetary cost (where the repair charges are high), and the social cost (where the event has a significant negative impact on student, staff, and community morale). Events with high monetary and social costs typically occur less frequently than those with low monetary and social costs. 11

Factors Contributing to School Vandalism and Break-Ins

Understanding the factors that contribute to your problem will help you frame your own local analysis questions, determine good effectiveness measures, recognize key intervention points, and select appropriate responses.

Offender Characteristics

Those who vandalize or break into schools are typically young and male, acting in small groups. Vandalism and break-ins are most common among junior high school students, and become less frequent as students reach high school. 12 Those involved in school-related arson are more likely to be in high school. 13 Many vandals have done poorly academically, and may have been truant, suspended, or expelled. 14 As is typical of many adolescents, students who vandalize and break into schools have a poor understanding of their behavior's impact on others, and are more concerned with the consequences to themselves. 15 Offenders are no more likely to be emotionally disturbed than their peers who do not engage in the behavior, nor are they any more critical of their classes, teachers, or school in general. 16

While the majority of students do not engage in vandalism, they do not generally harbor negative feelings toward those who do. In other words, "vandalism is a behavior that students can perform without the risk of condemnation by other students." 17 Youth who lack full-time parental supervision during after-school hours have been found to be more involved in all types of delinquency than students whose parents are home when they return from school. 18 In 2002-2003, 25 percent of all school-aged children were left to care for themselves after school, including half of children in grades 9 through 12 and one third of children in grades 6 though 8. 19

Though far less frequently, adults sometimes commit school vandalism and break-ins. Most often, they do so to steal high-value items (e.g., computers, televisions, cameras) and sell them on the street. 20 Adults are far less likely to maliciously deface or destroy school property.

Motivations

The typical observer may think school vandalism and break-ins are pointless, particularly when the offenders have focused on property destruction and have taken nothing of value. One can better understand the behavior when considering it in the context of adolescence, when peer influence is a particularly powerful motivator. Most delinquent acts are carried out by groups of youths, and vandalism is no exception. Participating in vandalism often helps a youth to maintain or enhance his or her status among peers. 21 This status comes with little risk since, in contrast to playing a game or fighting, there are no winners or losers.

Beyond peer influence, there are several other motivations for school vandalism:

• Acquisitive vandalism is committed to obtain property or money.
• Tactical vandalism is used to accomplish goals such as getting school cancelled.
• Ideological vandalism is oriented toward a social or political cause or message, such as a protest against school rules.
• Vindictive vandalism (such as setting fire to the principal's office after being punished) is done to get revenge.
• Play vandalism occurs when youth intentionally damage property during the course of play.
• Malicious vandalism is used to express rage or frustration. Because of its viciousness and apparent senselessness, people find this type particularly difficult to understand. 22

As schools have become increasingly technologically equipped, thefts of electronic and high-tech goods have become more common. 23 Computers, VCRs, and DVD players are popular targets because they are relatively easy to resell. Students also steal more-mundane items such as food and school supplies, for their own use.

In addition, youth may participate in school vandalism or break-ins in a quest for excitement. 24 Some communities do not have constructive activities for youth during after-school hours and in the summer. Without structured alternatives, youth create their own fun, which may result in relatively minor vandalism or major property damage to schools and school grounds.

A high proportion of vandalism occurs, quite naturally, when schools are unoccupiedbefore and after school hours, on weekends, and during vacationsas well as later in the school week and later in the school year. 25 Local factors, such as the community's use of school facilities after hours, may also determine when vandalism is most likely to occur in any one school.

Schools are prime targets for vandalism and break-ins for a number of reasons:

• They have high concentrations of potential offenders in high-risk age groups.
• They are easily accessible.
• They are symbols of social order and middle-class values.
• Some youth believe that public property belongs to no one, rather than to everyone.

Partially hidden entryways can provide opportunity for would-be vandals.  Credit: David Corbett

Some schools are much more crime-prone than others, and repeat victimization is common. 26 A school's attractiveness as a vandalism target may also be related to its failure to meet some students' social, educational, and emotional needs; students may act out to express their displeasure or frustration. 27 Schools with either an oppressive or a hands-off administrative style, or those characterized as impersonal, unresponsive, and nonparticipatory, suffer from higher levels of vandalism and break-ins. 28 Conversely, in schools with lower vandalism rates,

• Parents support disciplinary policies
• Students value teachers' opinions
• Teachers do not express hostile or authoritarian attitudes toward students
• Teachers do not use grades as a disciplinary tool
• Teachers have informal, cooperative, and fair dealings with the principal
• Staff consistently and fairly enforce school rules. 29

Certain physical attributes of school buildings and grounds also affect their vulnerability to vandalism and break-ins. In general, large, modern, sprawling schools have higher rates of vandalism and break-ins than smaller, compact schools. 30 The modern, sprawling schools have large buildings scattered across campus, rather than clustered together. A school's architectural characteristics may also influence the quality of administrative and teacher-student relationships that are developed, which can affect the school's vulnerability. Common vandalism locations and typical entry points include 31

Rooftops that are accessible only from within the building provide a greater degree of security.  Credit: David Corbett

• Partially hidden areas around buildings that are large enough for small groups of students to hang out in (which can give rise to graffiti, damaged trees and plants, and broken windows)
• Alcoves created by stairways adjacent to walls, depressed entrances, and delivery docks (which offer coverage for prying at windows, picking locks, and removing door hinges)
• Main entrances not secured by grills or gates when school is closed, and secondary entrances with removable exterior door hardware
• Unsecured windows and skylights
• Large, smooth, light-colored walls (which are prime graffiti targets)
• Rooftops accessible from the ground, from nearby trees, or from other rooftops (which can allow access to damageable equipment and hardware).

Vandals damage schools that neglect grounds and building maintenance, those whose grounds have little aesthetic appeal, and those that do not appear to be occupied or looked after more often than they damage carefully tended and preserved schools. 32

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Property Study Guide: Sample Exam Questions

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The Law Library carries a number of resources that test your knowledge of property law. This guide provides a listing of resources of practice essay exams as well as multiple choice questions. There are also links to online multiple choice questions as well as resources to help with law school exams.  The multiple choice questions in property law can be a great way to track your progress. Review the description of each resource for more details.   

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Good Essay Example 1 (February 2020 Real Property)

This lesson presents a real, good response to the February 2020 MEE Real Property question . First, read the essay, then listen to the analysis below.

Download the essay as a PDF.

Good Essay 1

The initial issue is whether the husband and wife originally had a valid joint tenancy with right of survivorship. A joint tenancy with right of survivorship requires the four unities of time (joint interested created at same time), title (created under the same instrument), interest (each JT has equal interest in the property), and possession (each JT has a right to undivided possession of the property). The right of survivorship just be unambiguous. Here there is a joint tenancy since they purchased the property at the same time, with the same instrument, with clear survivorship language, and each had an undivided interest of the property and were entitled to possession. Thus, there was a joint tenancy.

Another issue is which state's law should be applied in this case. The rule is that the law of the situs (where real property is located) is the law that should be used for property disputes. Here, the law of state A should be applied.

1. The issue is whether the Husband's execution of a mortgage severed the joint tenancy when he granted the mortgage to his friend.

The rule is that in a lien theory state, a mortgage does not sever a joint tenancy (JT); however, in a title approach theory jurisdiction, a mortgage does sever a JT. If severed the two joint tenants now each possess a tenancy in common.

Here, because they're in a title theory state, the mortgage did sever the joint tenancy because the unity of interest no longer existed upon mortgaging the property. At that point, the husband and wife now each possessed their interest as tenants in common.

2(a). Assuming the mortgage did not sever the JT, did the husband's execution of a lease sever the JT?

The rule is that it depends on the jurisdiction. The common law approach is that creating a lease would sever the joint tenancy, whereas the modern approach is that it would not.

Here, if the jurisdiction of state A applies the common law, then the lease did sever the JT, but if it follows the modern approach, it did not. Since the facts state that the courts "strictly apply the common law four-unities test", it's likely that the lease would sever the joint tenancy, giving the husband and wife a tenancy in common for their respective interests.

2(b). The issue is that assuming that the lease severed the JT, then what rights did the tenant have in the building.

The rule is that lease grants a tenant a present possessory interest in the property. Because it's a contractual obligation, it can survive the death of lease grantor. Here, the tenant still has a present possessory interest in the building until the termination of the lease.

3(a). The issue is that assuming that neither the mortgage nor lease sever the JT, during the spouse's lifetimes, was the woman entitled to half of the rental income payable to her husband under the lease as a joint tenant owner of the property.

The rule is that when a joint tenancy exists and the property is rented to a third party, the rent received should be split evenly among joint tenants after repairs/operating expenses of the property are paid. Here, the wife was entitled to half of the annual $9K in rent, less her 1/2 share of the expenses associated with managing the property.

3(b) Assuming that the JT was not severed, the issue is at the husband's death, what rights, if any, do the woman and the tenant have in the building.

The rule is that when one Joint tenant dies, its share goes to the other joint tenant. When the husband dies, the wife will acquire her husband's interest in the property through her right of survivorship and she will own the property clear of any mortgages or other obligations she did not join. She will properly be allowed to eject the tenant as the tenant will no longer have any possessory rights in the building.

Analysis of the Sample Essay

Now we're going to look at two representative good answers. One's from New York and one's from Minnesota, and like we did with the analysis above, we're going to go prompt by prompt, noting what these answers do well and what they could have done better. Now, again, these are both good answers, really good answers, but they take very different approaches to answering the essays, which is a good illustration of the fact that there are multiple ways to write a high-scoring MEE essay.

Let's start with representative answer number 1, which comes to us from Minnesota. Now, two overall things jump out just by glancing at the page before we start looking at it prompt by prompt. First, this is not an essay that's leading off its answers with strong, bolded conclusions. Remember, we want the first part of our written answer to be a conclusion. That's the first C in our CRAC.

And, ideally, we want it to include a reason as well. Something with a "because" in it. Now, for all five of the prompts, this test taker has instead put a number and either restated the prompt or stated it as an issue. And that's not going to score any points because it doesn't convey anything useful to the grader.

In a perfect world, we want that first bolded sentence to have a lot packed into it, our answer, and a reason. If we can do that, then we've really hit the ground running in terms of picking up points, and we've probably put our grader into a good frame of mind as well. That grader knows we're going to be clear and decisive.

Now, having said that, it's not always easy to write out a conclusion like that, especially on an essay like this one with so many prompts, and it's entirely possible that this test taker just used these headers as a way to stay focused and organized while writing. If so, that's good. There's certainly nothing wrong with it, and you won't lose points for this kind of thing. It just won't directly score points either.

The second thing that stands out is that this essay starts off with a kind of introductory set of paragraphs, addressing what it calls "two initial issues," whether the husband and the woman had a valid joint tendency to begin with, and which state's law should be applied in this case.

And I don't mean to be harsh on the test taker here, again, this is a really good answer, but this is wasted effort. We already have five prompts to cover in this essay, and essentially this poor test taker's just added two more. And the analysis is just fine. Yes, there is a joint tenancy, and yes, State A's law applies, but we weren't asked about either of those things.

In fact, the prompts specifically refer to the joint tenancies, so it's a pretty safe bet that it was valid. Now, if you're ever wondering about whether you need to include brush clearing analysis like this, the answer is almost always no. I can't think of a good representative answer I've seen where this kind of thing was important.

You're going to be really pressed for time already, and you want to start with the first prompt right away. That's where you can pick up points. In fact, if you look at the analysis provided by the bar examiners for MEE questions, you'll sometimes see a summary or an introductory paragraph at the beginning before the answers to the prompts.

But, and this is the really crucial thing, note that there are no points associated with that paragraph. The percentages start with the answers to the prompts, so that's where we want to focus our energy. That's where we can pick up points. Okay. So those are two broad things that this essay could have done better, and by done better, I mean, really just made easier on itself.

When it comes to the individual prompts, the essay actually really settles into a nice rhythm. It's the same basic elements over and over. After that issue statement, which, again, I'd prefer to be a conclusion, a C instead of an I, we get a nice rule application, RA, for all five prompts. Each of them has a sentence starting, "This rule is," which is a nice way to draw the grader's attention to the fact that you're stating a rule. And all but one of the prompts follow that up with an application sentence or two, starting with the word "Here." So that's some really nice work on the RA part of CRAC.

Not many of the prompts include a final C, that's the "therefore" sentence, but in this particular case, for this essay, I think that's not so bad because there are so many prompts and each of them is so straightforward. And, in fact, if this essay had led off each prompt with a good C, then I'd be totally fine with a CRA approach throughout.

As for specifics, I think that the answer on prompt 1 is really nicely done. It's probably not even necessary to explain the lien theory, actually, since we know we're in a title theory state, but that's great work.

Prompt 2(a) is really nicely done. In fact, note that the test taker here acknowledges both the common law rule, which is that a lease does sever the joint tenancy, and an alternative, which is that the lease does not sever the joint tenancy. Now, we know from the bar examiners' own notes, their own analysis, that either one of those would have been perfectly acceptable, and so noting them both is really especially good.

Prompt 2(b) is also well done. Might've been good here just to mention that the woman and her husband, who is the lease grantor, as the test taker puts it here, became tenants in common after severance, which is why the commercial tenant can maintain its possessory interest even after he dies. If they were still joint tenants, that is, if the woman and her husband were still joint tenants, then the commercial tenant's lease would just disappear, as we'll see in a minute.

Prompt 3(a) is perfectly done for rule and application. I have no notes there. And likewise, prompt 3(b) is superb as well.

So what we've got with this representative model answer is some really excellent, clear formulaic answers to the prompts, which more than makes up for those two broad things that could have been done better, which is the wasted effort at the beginning and the failure to clearly state conclusions. Still, this is clearly an excellent answer. I'm just pointing out how it could have been even better.

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Sample Property Questions and Answers

See important note below.

Caveat:   Although considerable efforts were taken to assure the accuracy of the suggested answers, no warranty is made regarding the correctness of the sample answers.  These materials are provided "as is" and their use is at your own risk.

If you notice errors or have suggestions, please let me know.  Your comments will enhance the usefulness of these materials.

Contributions to these sample questions from the following Property tutors, research assistants, and students are acknowledged with gratitude and great appreciation:

Editor-in-Chief:  Tammy Gerhart  (research assistant) (May 2008 J.D., Texas Tech University)

Associate Editor:  Brittany Jensen (tutor) (May 2005 J.D., St. Mary's University)

Associate Editor:  Jennifer Moreno (tutor) (May 2003 J.D., St. Mary's University)

Associate Editor:  Shelby Curry (tutor) (May 2025 J.D. Candidate, Texas Tech University)

Contributor:  Eric Holt (tutor) (May 2006 J.D., Texas Tech University)

Nothing contained in this website should be considered as the rendering of legal advice for specific cases. This website is intended for general informational purposes only.

Copyright © 2024 by Gerry W. Beyer • professorbeyer.com

Considerations for School Districts When Acquiring or Disposing of Real Property

School districts in Ohio own real property for a variety of reasons including proximity to or for use as school facilities. Useful real estate for school districts does not always come with substitutes. Properly acquiring or disposing of real estate by a board of education in compliance with a board’s authority under the Ohio Revised Code protects the validity of a board’s acquisition or disposition of real property.

Not only does this process require that certain steps occur in a particular sequence, the embodiment of these sequential steps in a board’s resolution and documents for sale of school district owned real estate is important to make a valid transfer.

Selling Real Property

When a board of education determines that real property is no longer needed for school purposes, the board is authorized to sell, exchange or lease that property so long as the required statutory process is followed and the applicable restrictions are observed for each scenario. Note that alternative restrictions apply if the board is selling real property that it owns to certain kinds of political subdivisions, including other state entities.

Among these rules is the requirement that a board of education first offer property that is valued at over $10,000 for sale at a public auction. In other words, under the statute, school districts cannot sell to a private third party real estate valued at over $10,000 without first offering the property for sale at a public auction. School districts will need to be prepared with an appraisal, resolution of the board approving sale of the property, related informational materials, and the terms and conditions of sale. These materials should be made available prior to and at the auction.

If a bid at auction is accepted by a board of education, then the prepared conditions of sale and purchase contract are executed. Currently these auctions are conducted formally and in person, with requisite public notice. If that auction is unsuccessful, and the proper process is observed, then the board may then sell the property through a private sale.

Regardless of if the property was sold at auction or by way of a private sale, there are specific findings and terms that a board of education should include in its authorizing resolutions and in its contracts for sale. The specific findings and terms that are advisable to include vary based on the type of sale, the purchaser, the presence of improvements or buildings on the property, and the involvement of other political subdivisions. Seeking the advice of counsel prior to commencing the disposition of real property is recommended.

Acquiring Real Property

Generally, boards of education have the authority under the Revised Code to enter into contracts for purchase of real estate. Restrictions vary when a board of education is seeking to acquire real property. These restrictions can apply to both parties, particularly if the sale is between two political subdivisions.

Like the sale of property, sequential steps and the making of proper findings is advisable when acquiring real property. The process, beyond title work and related due diligence, can appear simpler than that of disposing of real property. However, there are additional considerations for the purchase of real property by a board of education that can impact the future use of that land. For example, school districts are often attracted to undeveloped agricultural lands with the eventual goal of development of that land or use of the land for school facilities. Beyond the environmental practicality of construction, agricultural lands are often subject to farm leases – be that of oral arrangements or written. Since the planting of crops and other maintenance of those crops occur only at specific times of the year, a school district’s plans for the land and the timing of any existing farm lease should be dealt with under the purchase agreement and at closing in negotiation with the seller.

In addition, boards of education prior to making an offer to a seller, should evaluate the expenditure of funds being used to purchase the property. Embodying the authority and proper expenditure of funds in the necessary resolutions and purchase agreements in the correct order, will validate the school district’s authority to acquire the desired real estate and avoid costly fixes needed to resolve any missing steps.  

  First Step - Seek Advice of Counsel

When a school district is confronted with the possibly of acquiring or disposing of real property, public sector legal advice can support a board of education in determining the proper process and agreement terms to protect the school district’s actions and interests.

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This study illustrates the spatio-temporal dynamics of urban growth and land use changes in Samara city, Russia from 1975 to 2015. Landsat satellite imageries of five different time periods from 1975 to 2015 were acquired and quantify the changes with the help of ArcGIS 10.1 Software. By applying classification methods to the satellite images four main types of land use were extracted: water, built-up, forest and grassland. Then, the area coverage for all the land use types at different points in time were measured and coupled with population data. The results demonstrate that, over the entire study period, population was increased from 1146 thousand people to 1244 thousand from 1975 to 1990 but later on first reduce and then increase again, now 1173 thousand population. Builtup area is also change according to population. The present study revealed an increase in built-up by 37.01% from 1975 to 1995, than reduce -88.83% till 2005 and an increase by 39.16% from 2005 to 2015, along w...

Elena Milanova

Land use/Cover Change in Russia within the context of global challenges. The paper presents the results of a research project on Land Use/Cover Change (LUCC) in Russia in relations with global problems (climate change, environment and biodiversity degradation). The research was carried out at the Faculty of Geography, Moscow State University on the basis of the combination of remote sensing and in-field data of different spatial and temporal resolution. The original methodology of present-day landscape interpretation for land cover change study has been used. In Russia the major driver of land use/land cover change is agriculture. About twenty years ago the reforms of Russian agriculture were started. Agricultural lands in many regions were dramatically impacted by changed management practices, resulted in accelerated erosion and reduced biodiversity. Between the natural factors that shape agriculture in Russia, climate is the most important one. The study of long-term and short-ter...

Annals of The Association of American Geographers

Land use and land cover change is a complex process, driven by both natural and anthropogenic transformations (Fig. 1). In Russia, the major driver of land use / land cover change is agriculture. It has taken centuries of farming to create the existing spatial distribution of agricultural lands. Modernization of Russian agriculture started fifteen years ago. It has brought little change in land cover, except in the regions with marginal agriculture, where many fields were abandoned. However, in some regions, agricultural lands were dramatically impacted by changed management practices, resulting in accelerating erosion and reduced biodiversity. In other regions, federal support and private investments in the agricultural sector, especially those made by major oil and financial companies, has resulted in a certain land recovery. Between the natural factors that shape the agriculture in Russia, climate is the most important one. In the North European and most of the Asian part of the ...

Ekonomika poljoprivrede

Vasilii Erokhin

Journal of Rural Studies

judith pallot

In recent decades, Russia has experienced substantial transformations in agricultural land tenure. Post-Soviet reforms have shaped land distribution patterns but the impacts of these on agricultural use of land remain under-investigated. On a regional scale, there is still a knowledge gap in terms of knowing to what extent the variations in the compositions of agricultural land funds may be explained by changes in the acreage of other land categories. Using a case analysis of 82 of Russia’s territories from 2010 to 2018, the authors attempted to study the structural variations by picturing the compositions of regional land funds and mapping agricultural land distributions based on ranking “land activity”. Correlation analysis of centered log-ratio transformed compositional data revealed that in agriculture-oriented regions, the proportion of cropland was depressed by agriculture-to-urban and agriculture-to-industry land loss. In urbanized territories, the compositions of agricultura...

Open Geosciences

Alexey Naumov

Despite harsh climate, agriculture on the northern margins of Russia still remains the backbone of food security. Historically, in both regions studied in this article – the Republic of Karelia and the Republic of Sakha (Yakutia) – agricultural activities as dairy farming and even cropping were well adapted to local conditions including traditional activities such as horse breeding typical for Yakutia. Using three different sources of information – official statistics, expert interviews, and field observations – allowed us to draw a conclusion that there are both similarities and differences in agricultural development and land use of these two studied regions. The differences arise from agro-climate conditions, settlement history, specialization, and spatial pattern of economy. In both regions, farming is concentrated within the areas with most suitable natural conditions. Yet, even there, agricultural land use is shrinking, especially in Karelia. Both regions are prone to being af...

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Elektrostal

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Elektrostal , city, Moscow oblast (province), western Russia . It lies 36 miles (58 km) east of Moscow city. The name, meaning “electric steel,” derives from the high-quality-steel industry established there soon after the October Revolution in 1917. During World War II , parts of the heavy-machine-building industry were relocated there from Ukraine, and Elektrostal is now a centre for the production of metallurgical equipment. Pop. (2006 est.) 146,189.