The Inadequate Resume of School Education Plans

THE INADEQUATE RESUME OF SCHOOL EDUCATION PLANS, 51 How. L.J.
819
51 How. L.J. 819
Howard Law Journal

Spring 2008
Comment
Education Law Mini-Symposium
Nina R. Frant a1
Copyright (c) 2008 Howard University School of Law; Nina R. Frant
THE INADEQUATE RESUME OF SCHOOL EDUCATION PLANS
INTRODUCTION
Technology has evolved quickly in the United States. In just over a century the country has advanced from an agricultural
society to first an industrial society and now to a technology-based one. 1 As the foundation of America's economy
advances, the education system is slow to respond. Today's workers need high-level math and science, advanced reading
levels, and technological savvy for many entry-level manufacturing and service sector positions. Many states, however,
do not require four years of math or science to graduate high school, and many others allow students to graduate with
barely an eighth grade reading level. Beyond the academic preparation of students, today's high schools fail to teach
students necessary occupational skills such as trade training, team work, public speaking, professional communication,
and time and group management. America's students, tomorrow's workers, lack both the academic foundations and
workplace credentials to succeed in the labor market.
Litigation has attempted to address the shortcomings and inequalities in the American school system for decades. 2
Lawsuits drive *820 reforms and advancements to our education system by addressing and attempting to remedy
segregation issues, equity issues, and now quality of education, or adequacy issues. 3 Education adequacy suits can be
a major resource in improving and correcting the education American workers receive. Adequacy suits consider more
then dollars and instead focus on issues of teacher quality, classroom size, libraries, athletic facilities, course offerings,
graduation rates, education assessment test scores, and special education resources, to name a few. As a result, court
ordered reforms can target more than the amount of money spent on education.
Although various litigation strategies have paved the way for aggressive education reforms, the majority of states remain
wedded to the notion that high schools should narrowly focus on expanding rigorous academic courses that prepare
students for college regardless of the students' needs. 4 Recent adequacy suits have identified many shortcomings in our
high schools, but education reformers seem to consider advanced course work as the cure-all for our high school ills.
American students need more than academics to be successful and productive adults; they need workforce skills. While
the reform efforts that center on increased rigor should be commended, the reform debate and objectives should be
broadened to include a focus on preparing students to enter the labor market.
Our current system of education ignores students that do not attend college and fails to generate reforms that ensure
students who drop out of high school or choose not to attend college have the skills necessary to be productive members
of society. As former President Bill Clinton said, “[t]oday we are failing, miserably, our non-college-bound young people,
because we don't have a real school-to-work system in America.” 5 Academic rigor is for all students but college may
not be. As a result, high school reforms must not ignore the student that will choose not to attend college. High school
© 2018 Thomson Reuters. No claim to original U.S. Government Works. 1

THE INADEQUATE RESUME OF SCHOOL EDUCATION PLANS, 51 How. L.J. 819
reforms must include programs that develop the skills required for high school graduates to secure quality jobs that pay
well and provide for upward mobility.
This workforce training, however, occurs too late in the education continuum. Occupational courses are usually reserved
for the last few *821 years of education and so workforce preparedness is typically delayed until students attend
college. 6 Therefore, junior and community colleges are the primary providers of vocational education. 7 And yet, the
majority of students in America will not attain a college degree in a timely manner. For every one hundred students that
enter the ninth grade, only seventy will graduate from high school, forty will enter college and eighteen will graduate
within six years with a bachelors or three years with an associate degree. 8 What happens to those sixty students that do
not attend college? How do they prepare for the workforce?
State law provides strong opportunities to remedy inequalities and weaknesses in our education system. Recent cases have
considered workforce preparedness and employability when determining if a state is providing an adequate education. 9
These cases clearly indicate that states have a responsibility to prepare students to be productive in the workforce. The
courts, recognizing the importance of workforce preparation, have opened the door for state education agencies and
legislatures to construct new and creative solutions to these shortcomings. 10
Too often, however, the remedy sought in the lawsuits and the relief created by the legislatures focuses on increases in
funding allocation and academic standards, but not on vocational and occupational reforms. 11 Reforms to vocational
education are at best an *822 afterthought to statewide reform measures, if vocational education is considered at all. 12
The foundations for integrating workforce skills into school reforms exist. Vocational programs, such as school-to-work
initiatives, contextual learning, and career academies, have already been implemented by the federal government in a
limited fashion. These programs have been linked to improved academics and have addressed many identified failings of
schools such as dropout rates, low academic attainment, and poor workforce preparation. School-business partnerships,
in particular, can greatly add to the successful education of students by reengaging and challenging students through
internships, job shadowing programs, industry-expert teachers, and ready employment upon graduation. For example,
internship opportunities not only provide students with workplace experience (teaching such foundational skills as
timeliness, teamwork, and problem solving skills), but also demonstrate how classroom lessons apply in the real world.
Even where legislatures diligently implement school reform, legal victories often do not translate into classroom success
for children. It is time that general high school reformers try something new.
Considering the history of education reform litigation, this Comment attempts to broaden the claims and remedies
available to plaintiffs to ensure states fulfill their constitutional mandate to provide a sound, basic education. The
Comment contends that workforce preparedness is a key component in the education of all students and argues for
remedies that seek to address this weakness in the current education system. By considering reforms that move beyond
money to include meaningful school-business partnerships, courts can stimulate education strategies that capitalize on
successful litigation efforts to bolster adequate educational opportunities for all students.
Part I provides a brief history of career and technical education and outlines why workforce preparedness is a key
element of an adequate education. Part II defines adequate education litigation and details how state courts determine
state constitutional requirements to provide workforce development opportunities as part of their free, public education
in three seminal education cases: Hoke County *823 Board of Education v. State, 13 McDuffy v. Secretary, 14 and
Campaign for Fiscal Equity v. State. 15 Through the exploration of these three cases, Part II discusses the goal of
meaningful employment and advocates that the judiciary needs: 1) to be more forward thinking about school reform
measures; and, 2) to use the flexibility of adequacy suits to define a sound basic education as one that always includes
preparing students for both meaningful education and employment. Part III addresses potential remedies by exploring

current reform measures that integrate workforce development and school reform contributions from the private sector,
the federal government, and state legislatures. The Comment concludes by urging litigation and legislation that support
workforce development and formalize business involvement in school reform in order to provide an essential link between
education preparedness and workforce preparedness.
I. VOCATIONAL EDUCATION
A. The Goal of Vocational Education, a Basic Summary
Vocational education, also known as career and technical education or career technical education (“CTE”), prepares
students for industrial or practical careers. 16 Traditionally, vocational education was considered non-academic or an
alternative to college-preparatory curriculum. 17 The comprehensive high school, a school providing a general core
curriculum for all levels including remedial and vocational education under one roof, created tracks for students based on
perceived or assumed abilities. 18 Vocational programs were designed for *824 students who would enter the workforce
instead of college, and they trained students in technology, mechanics, and skilled trades. 19 College preparatory tracks
prepared future managers and professionals (e.g, lawyers, doctors, accountants, etc.) by providing curriculum designed
to foster extensive analytical, reasoning, and reading skills. 20 Yesterday's vocational programs focused on trade training
instead of academic foundations.
Consistently, vocational education responds to the industrial needs of the country and focuses on training individuals for
the demands of the American workforce. During both World War I and World War II, the United States invested heavily
in vocational education to ensure that both students graduating from schools and adults already in the workforce were
trained in and contributed to war industries. 21 National Defense Training classes were held at public trade schools and
the federal government encouraged the growth of the aviation trades through public outreach and support of educational
opportunities. 22
While war spurred the development of vocational education in the 1920s, 1930s and 1940s, social movements pushed
vocational education into the mainstream during the 1950s and 1960s. 23 The plight of the poor, the underemployed, the
unemployed, and the disenfranchised was the focus of political action of Presidents Eisenhower and Kennedy. 24 New
legislation in the 1960s ushered in the Vocational Education Act, renamed the Carl D. Perkins Vocational and Applied
Technical Education Act (“Perkins Act”) in 1990, to provide opportunities for students not attending college. 25 The
Perkins Act, the most comprehensive federally supported vocational education *825 program, provides permanent
assistance for vocational education amounting to current funding level of over $1.3 billion. 26 Currently, the Perkins Act
requires accountability for the results of programs, stronger academic and technical integration, connections between
secondary and postsecondary education, and links to business and industry. 27
Reforms to federal vocational education legislation are responses to the dramatic changes in American industry over
the past few decades. The largest vocational education programs today, heavily supported by Perkins Act funds, target
high-tech industries. 28 Traditional vocational education fields such as auto-mechanics and materials production have
declined in enrollment, while computer-related classes now comprise nearly one-third of all technical education. 29 The
foundational goal of vocational education, however, remains centered on preparing students to attain the technical or
occupational competencies of the twenty-first century labor market.
Today's career technical education program “is defined as a multi-year sequence of courses that integrate core academic
knowledge with technical and occupational knowledge leading to higher levels of skill attainment over time with a
unifying career theme around which to organize the curriculum.” 30 Vocational education for the twenty-first century

uses career-oriented instruction to foster high academic attainment in reading and mathematics that often mirrors
the competencies attained in current college preparatory tracks. 31 Nevertheless, vocational education still structures
programs to provide *826 specific trade training, typically through internships, apprenticeships, and classroom
laboratories. 32 Examples of vocational education programs include:
•Vocational education high schools that offer both career-themed programs and general academic classes
in one location
•Career academies that tailor all curriculum around a career theme, utilize workplace-based internships, and aim to
provide students with certification in a specific industry upon graduation
•Themed high schools that center general academic curriculum around relevant career applications
•Part-time vocational programs where students spend time in vocational education classes and meet their general
education requirements at regular comprehensive high schools. 33
The goal of most career technical education programs is to demonstrate the relevance and utility of academics in real-
world, work situations. 34 Moreover, successful career technical education programs integrate four main components--
an academic core, a technical core, work-based learning, and support services. 35
Despite attempts to modernize approaches to vocational education, attitudes towards such education proves a constant
impediment to this process. Public perception of general education is that it is a separate entity from workforce education.
The misperception of vocational education has limited the conversations that recognize career technical education as a
viable reform strategy for America's high *827 schools. For example, while Congress debated the recent reauthorization
of the Perkins Act, President George W. Bush suggested zeroing-out any career technical education funds under the
Perkins Act. 36 Bush instead advocated for vocational program monies to be incorporated into broader, general high
school reforms. Despite suggesting redirecting vocational money, the President's high school platform did not call
for reforms that integrated workforce development or occupational skills with the increased academic rigor of state
assessment standards. 37
The separation of high school reform from career technical education reform is premised on a false dichotomy.
Vocational education, today, is a reform strategy that actualizes constitutional education for the twenty-first century
student by exposing learners to the demands of the modern workforce. The incorporation of essential workforce skills,
such as professional communication, timeliness, deadlines, team work, and work experience, are essential educational
elements for all students today. Why then are the American public and education policymakers scared to consider the
value of career technical education in the general school reform debate?
Traditional notions of vocational education carries a significant stigma. The public assumes that career technical
education prepares students for direct entry into the workplace, for low- and medium-skilled jobs, and structures its
programming around a non-college bound track. The presumption is not unwarranted. Vocational programs have
struggled to integrate academic rigor into their curriculum. Students fully enrolled in vocational education programs
typically score below average on national assessments. 38
*828 Moreover, the history of ability tracking in America has added to the stigma associated with vocational education
and the presumption that career-oriented education is reserved for limited academics and low-skilled jobs. In the past,
ability tracking worked to group students by perceived educational abilities within schools. 39 Tracking emerged as a

strategy to combat integration. 40 While school districts were forced to integrate based on race and provide similar
educational opportunities through fair funding schemes, school systems attempted to replicate segregation within school
walls by implementing a system of ability tracking. 41 In Washington, D.C., for example, students were tracked into four
different ability groups: the honors and college preparatory tracks, preparing students for white collar positions, and the
general and academically limited tracks for blue collar positions. 42 As the then superintendent of schools stated:
Twelve years of white-collar experience is unrealistic preparation for the young man or woman who will
suddenly make the change into work clothes for jobs in kitchens, stockrooms, street maintenance or building
construction . . . . One reason (for education's failure to meet the needs of the blue-collar student) . . . is
that it is at best an environment artificially created for the education of the young. From the beginning of
his career in school, the child enjoys the comforts of a protected and unrealistic environment. Most of the
Nation's classrooms are insulated from reality. To many students what happens in the classroom has little
connection with what happens outside the classroom . . . . Another reason . . . is that the school environment
excludes most of the sterner discipline of the work-a-day world. 43
As a result of the school policy, D.C. disproportionately relegated minority students to the lower tracks, not based on
ability, but rather on the pre-existing American color caste system. Education reforms have vehemently rejected tracking
policies because the varying educational *829 opportunities afforded students were based on earlier prejudices rather
than abilities. 44 Vocational education, a traditional track, can not shake the stigma associated with the rejected high
school model.
Vocational education is also perceived as detracting from the educational opportunities of students and has been
modernized independent of general high school reform. Modern career technical education grounded in twenty-first
century skills, however, shares a common core of academic rigor with college preparation education. 45 Moreover, nearly
every student takes a vocational education class before leaving high school, maybe without even realizing that computer
programming, engineering and electronics, health science or cooking are vocational classes. 46 And, with over sixty-
six percent of American high schools offering some form of vocational education, occupational training is an everyday
opportunity for most high school students. 47
Career technical education is a concrete way to provide relevance for school curriculum, to provide engaging living
classroom experiences, and to develop leadership skills and strong student-teacher relationships. 48 Career technical
education is not the vocational shop programs of our parents' generation. Currently, career technical education stresses
academic rigor, prepares students for high tech industries, and has high expectations for students' lifelong learning and
employment opportunities.
Vocational education and college preparation serve important and complimentary purposes of preparing students for
success after *830 high school. 49 Yet, legislation typically focuses on just college preparation and on increasing
academic attainment. General academics are just one area of knowledge students need to be successful. By failing to
incorporate vocational education strategies into general school reform, American students are not exposed to essential
occupational skills. The current workforce-preparedness crisis facing America, discussed in the next subpart, highlights
this need to fully integrate vocational education into the education reform dialogue.
B. The Cost of Inadequate Workforce Preparedness

American high schools are not preparing students either for college or the workplace. Students have been and continue
to fail at alarming rates in both the general academic and vocational tracks, and such failures significantly impact
American businesses. Reforms to vocational education, including school-business partnerships not only impact the
academic attainment but also impact the professional prospects of students.
A high school diploma used to be the fast track to a solid,middle class job. In the twentieth century, a high school
diploma signaled that a citizen had the requisite skills for employment in industry and the literacy necessary for basic
employment. 50 Disappointingly, however, American schools are failing to educate students to high standards and a
high school diploma is no longer an indication that a student has received the foundational education for full civic
participation. 51 The National Report Cards, issued in the wake of No Child Left Behind (“NCLB”), outline how school
children across the nation are performing below their grade levels. 52 In some *831 communities, over half the students
fail to graduate from high school. 53
As a result, Americans find it harder and harder to support themselves and their families while engaged in the types of
employment available to those with only a high school diploma. Recent estimates show that a high school graduate has
the earning potential of $32,666 a year. 54 This salary is just a few thousand dollars more than a high school dropout,
capable of earning $21,447 on average. 55 In contrast, a high school dropout in the 1970s had more earning potential
than a current high school graduate with a salary of $35,000. 56 Today, shockingly, an individual with some college
credit makes a comparable salary to what a high school dropout made just a few decades ago. 57 While the educational
requirements for securing good-paying jobs have increased, the number of Americans with the college degrees to obtain
them has stayed relatively stagnant. 58 Ninety percent of the fastest-growing jobs require some postsecondary education
or training, yet just five-out-of-ten Black and Latino students graduate high school on time. 59 In some communities,
dropout rates for Black and Latino students are higher than graduation rates. 60
*832 Just a few decades ago the National Commission on Excellence in Education provided a comprehensive outline of
the education crisis facing America in its report, A Nation at Risk. 61 The report described the inadequacies in American
public education and determined that low academic standards were devastating America's economic and democratic
future. 62 The 1983 report found that some twenty-three million adults, thirteen percent of all seventeen-year-olds and
up to forty percent of all minority youth were unable to perform the simplest test of everyday reading, writing, and
comprehension. 63 Then Secretary of Education, William Bennett, examined American schools five years later and found
that fewer than,
forty percent of youth adults between the ages of twenty-one and twenty-five could read well enough to
interpret a newspaper article; fewer than five percent of all in-school seventeen-year-olds possessed the
level of reading skills necessary to understand primary-source historical documents; fewer than twenty-five
percent of all seventeen-year-olds were able to complete adequately writing tasks considered indicative of
the ability to engage in academic study, business, or professional work. 64
The education failings in this country matter because they place major financial burdens on the entire populous. It
is estimated that the United States suffers a productivity loss between $140 billion and $300 billion annually that is
directly traceable to adult worker illiteracy. 65 Furthermore, over three-quarters of the five hundred largest companies in
America spend over $300 million annually on remedial training for almost eighty million workers. 66 Companies often
complete the literacy and mathematics training high schools should have *833 provided. Precious dollars that should

be spent on job training skills, like improved computer programming or advanced safety techniques, are sunk instead
into remediation. 67
The shortcomings of education even infiltrate our armed forces. The United States military spends millions of dollars
on remedial education to instruct soldiers in basic skills such as reading, writing, spelling, and computation. 68 Such
remediation is troubling considering “over one million pages of technical reading material are needed to support the
operation and maintenance of the B-1 bomber.” 69
The broader societal costs of high school dropouts and undereducated students unable to achieve sound, basic
employment is shocking. Seventy-five percent of state prison inmates and fifty-nine percent of federal inmates are high
school dropouts. 70 Dropouts contribute disproportionately to the unemployment rate and research demonstrates that
illiterate or undereducated individuals have a higher percentage of health issues. 71
The link between education and financial independence is clear. Every state has promised to provide an education to its
citizens. In many states, a sound basic education is defined as one that prepares students for their civic duties, such as jury
duty and voting, as well as gainful employment. 72 High school and college degrees, while instilling basic education and
driving desires for life-long learning, are truly job training programs. While many recognize that school prepares students
for careers, most education litigation has not focused on solidifying the link between education reform and workforce
development. 73 Research indicates, however, that vocational education and *834 school-business partnerships can
help drive necessary reforms to the failings in the American education system discussed above.
Vocational education, particularly programs that focus on solidifying school-business partnerships, can serve as a
necessary reform to ensure adequate education opportunities for all students by addressing many of the identified
shortcomings of state education plans. The importance of school-business partnerships is that students apply their
classroom learning to real-world tasks and workplace challenges reinforcing and expanding academic foundations. 74
Preliminary research indicates that students who participate in effective school-business partnerships, especially those
that offer internship or apprenticeships, reap academic and professional benefits. Studies of school-to-work programs in
Boston and Philadelphia revealed that students had higher academic achievement, better attendance, and lower dropout
rates. 75 Students in New York's school-to-work program took more advanced mathematics and science classes than
seniors in the general high school track. 76 School-to-work students were also more likely to get better grades and stay
in school. 77 Research also shows that enrollment in career-technical courses can help high school student retention,
graduation, and college-going *835 rates. 78 These graduates are less likely to be unemployed than other high school
graduates. 79 Studies find that vocational graduates not only work in the fields in which they studied, but have subsequent
increases in the money they earn. 80
The benefits to employers have also been noted. An extensive study of the School-to-Work legislation 81 revealed that
businesses that provided internships saw reduced recruitment costs, reduced training and supervision costs, reduced
turnover, increased moral, increased adult worker productivity, and increased diversity. 82
Vocational education is needed in our marketplace for school design because it can help shrink the costs to society
caused by students ill-prepared for the labor market. Case law also indicates that workforce preparedness is an important
consideration and indicator of the success of state education programs. High school reform, therefore, must do a better
job at integrating workforce preparation because so many students elect not to attend college and decide instead to
directly enter the labor force. The next part will examine three cases that helped to further define adequate education. The

litigation and resulting legislation in Massachusetts, North Carolina and New York illustrate how states have defined
adequacy by considering workforce preparedness but subsequently implemented and embraced reforms that failed to
consider the value of career technical education.
II: THE INTEGRAL ROLE OF WORKFORCE PREPARATION IN AN ADEQUATE EDUCATION
The battle to improve educational opportunities is staged inside of classrooms, faculty and school board meetings,
and state and federal legislative sessions. Courtrooms, however, also provide a fertile ground to grow new solutions
to persistent problems of unequal educational *836 opportunities and the challenge of ensuring all students become
productive adults. Pinnacle education litigation cases have engineered new legal strategies to ensure that every child
receives a sufficient education so as to fully be able to participate in democracy. The most famous example of mold-
breaking education litigation is Brown v. Board of Education. 83 Brown affirmed that racially-segregated educational
opportunities have no place in America because education is the foundation for every citizen's future. It is the Court's
dictum that is most often quoted concerning the message of the case:
Today, education is perhaps the most important function of state and local governments. Compulsory
school attendance laws and the great expenditures for both demonstrate our recognition of the importance
of education to our democratic society. It is required in the performance of our most basic public
responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it
is a principal instrument in awakening the child to cultural values, in preparing him for later professional
training, and in helping him to adjust normally to his environment. 84
Over fifty years ago our highest court identified education as the foundation for civic and professional success. And
today, courts continue that tradition by holding states accountable for the workforce preparation of students. Despite
these legal charges, state legislatures are not responding with general education reforms that champion preparing students
for the labor market as well as rigorous academics. If states continue to ignore their dual responsibility of providing
academic and professional foundations to students, parents and students will have new grounds to sue states for failing
to fulfill their constitutional mandate to provide a basic education.
A. Adequacy: A Legal Strategy
Education reform strategists have recently focused on adequacy arguments 85 to attack the failings of the American
school system. 86 *837 Adequacy suits can serve as a legal strategy to rectify the failures of state education plans
to develop workforce preparation because courts consider key factors, called inputs and outputs, which shape a
student's education. 87 Adequacy suits generally address the traditional educational inputs directly related to funding--
such as facilities, number of students in classrooms, financing, and curriculum offerings. 88 These suits also consider
outputs, factors demonstrating student achievement--such as test results, graduation rates, and success in post-secondary
endeavors--to determine the success of school education plans.
This new legal strategy seemed to grow out of the standards-based reform movement. In the early 1980s, various
commissions released studies warning that our democracy was threatened by the mediocre performance of American
students in the face of increasing international competition. 89 The reports stressed that Americans lack the academic
foundations to fuel innovation and lead the ever-growing *838 global workforce. In response to the reports, states
began enacting reforms to institute more rigorous academic requirements. 90

A plaintiff's impetus for bringing such an adequacy suit rarely focuses on a school district's failure to prepare students for
meaningful employment. But courts, in reaching their decision in adequacy suits, often include workforce preparedness
as a determinative issue in deciding if the school districts fulfill their constitutional mandate to provide a sound, basic
education. For example, in Rose v. Council for Better Education, the court determined that Kentucky schools must
provide students with the basic skills to intelligently choose their life's work and to successfully compete in job markets
against their counterparts in surrounding states. 91 The Rose court identified academic and workforce skills as essential
components of an adequate education.
Later cases have expanded on Rose's discussion of appropriate inputs and outputs, including consideration of workforce
preparation. 92 A discussion of Hoke County, McDuffy and Campaign for Fiscal Equity, highlights how different state
courts consider inputs and *839 outputs related to workforce preparedness when deciding education adequacy issues.
The case discussions also explore how the legislation enacted to address the inadequacies of state education plans has
limited workforce development innovations. 93
B. Recent Adequacy Cases
1. Hoke County Board of Education v. State
Through decades of education litigation, North Carolina has reinvented its state education plan many times in an attempt
fulfill its constitutional mandate to provide an adequate education to all citizens. Two cases, Hoke County 94 and
Leandro 95 serve as the catalysts for the state's education reforms. Leandro held that North Carolina had a constitutional
duty to provide a basic education to its citizens and Hoke County detailed the foundations of an adequate education.
What emerged from these cases is that the state's education plan does not prepare students for the labor market.
Regardless, state legislative responses have not systematically integrated workforce development into reforms targeting
all students.
Following Leandro, the North Carolina General Assembly increased academic standards and school funding. 96 General
academic *840 curriculum was revised separately from vocational curriculum and the State continued to separate
reforms for academic rigor from vocational skills. 97 The State, however, did take major steps to ensure that reforms
to vocational education reflected the needs of and opportunities in North Carolina industries. The State worked with
business and industry representatives to create over 120 competency-based courses to prepare students to compete for
gainful employment in contemporary society. 98 The reforms resulting from the Leandro decision seized on the need to
improve the academic rigor and workforce preparation to make North Carolina regionally competitive. While reforms to
the State's Basic Education Plan (“BEP”) were a strong start, the State still segregated academic and vocational programs
for students who would need foundations in both to successfully transition to post-secondary opportunities.
Following revisions to the BEP, parents and students initiated the Hoke County suit to determine if the new plan
fulfilled the State's constitutional requirements to provide an adequate education. 99 In reaching conclusions about the
State's constitutional requirements, the court defined the goal of education by exploring whether the State's education
plan prepared students to participate in the society in which they live and compete. 100 The state supreme court
considered *841 graduation rates, dropout rates, employment rates, and post-secondary success at college (in particular,
remediation) when determining if the State met its constitutional burden to provide an adequate education in Hoke
County. 101
The court's reasoning demonstrated that courts must examine factors beyond academic attainment when accessing the
constitutionality of state education plans. 102 Successful test scores or quality graduation rates will not insulate a school if

students are incapable of holding a job or acquiring the basic skills necessary to enter college. Moreover, the employability
of students becomes an essential component in determining an adequate education. 103 The court relied on detailed
testimony from employers who refused to hire Hoke County students because such students lacked the academic and
developmental skills to be good employees. 104
The court's opinion indicates that workforce preparation is an important consideration in determining the adequacy of
any school plan. And yet, the court's stated reasoning fails to support this assertion. The court never addressed whether
the recently reformed vocational standards provide an adequate education. 105 In fact, the opinion ignores the State's
vocational education programs. Unlike the decision's suggestion for academic reforms, the court provides no guidance
on the work skills the legislature must incorporate into school reforms to fulfill its constitutional mandate.
Despite the court's silence as to a constitutional vocational education system, the state legislature did direct some reforms
to vocational *842 education programs. The state expanded vocational education programs by increasing funds and
expanding vocational money targeting disadvantaged students. 106 Small initiatives have also integrated traditional
vocational education plans into general high school reform. In 2004, Governor Easley introduced the Learn and Earn
program which allowed students to earn college credit while attending public high schools. 107 Learn and Earn programs
primarily enroll students in associate degrees programs, most in career-oriented tracks, so that students can earn industry
certifications while still enrolled in high school. 108 In addition, Governor Easley partnered with the Bill & Melinda
Gates Foundation to open new economic-development themed, small high schools around the State that center school
curriculum around growing North Carolina industries like health and life sciences and biotechnology. 109
North Carolina leads the movement to improve the work-preparedness of students through general high school
reforms. 110 Education *843 litigation drives many legislative and programmatic changes to the State's education plans.
While North Carolina's highest court never determined if the vocational education system established by the State is
constitutional, North Carolina political leadership is actively structuring reforms to ensure that students are able to
participate in the society within which they live and compete in accordance with the State's constitutional obligations.
2. McDuffy v. Secretary
In 1993, the question of adequacy was brought to Massachusetts courts. 111 In McDuffy v. Secretary, Plaintiffs presented
extensive evidence that districts across the State were not providing an adequate education. 112 Plaintiffs detailed
discrepancies in teacher preparation, facilities, special education services, graduation rates, and availability of advanced
placement programs. 113 Plaintiffs also presented evidence about the shortcomings and failures of vocational education
programs. Vocational programs were terminated because of inadequate facilities and teachers; indicating that the State
was in violation of its constitutional mandate. 114
*844 Finding that the Commonwealth failed in its constitutional requirement to provide an adequate education, the
court tasked the state legislature to remedy the situation. 115 The court, following the Rose reasoning, provided identical,
broad guidelines for the Massachusetts legislature to follow in order to satisfy the constitutional obligation to provide an
adequate education. 116 Like Rose and Hoke County, the McDuffy court required that an educated child must possess
oral and written communications skills, knowledge of economic, social, and political systems, an understanding of
governmental processes, self-knowledge and knowledge of mental and physical wellness, and a grounding in the arts. 117
The court also required the legislature to develop occupational training or preparation for advanced training in either
academic or vocational fields, and required the State to provide a sufficient level of academic or vocational skills to enable
students to compete favorably with their counterparts in surrounding states in post-secondary and job settings. 118

Almost simultaneous to the McDuffy decision, the General Court of the Commonwealth of Massachusetts (state
legislature) passed and the governor signed the Education Reform Act of 1993 (“ERA”). 119 The ERA significantly
increased school funding and restructured the state school budget. 120 The ERA also went beyond funding in its reform
measures and codified a commissioner and a state board of education to oversee state standards, and to create assessment
tests and evaluation systems. 121 The State developed and continues to revise broad curriculum frameworks that push
for competency in English, mathematics, history and social science, science and technology, foreign languages, and the
arts. 122 Reforms to vocational education, however, were primarily driven by federal legislation and were only of *845
incidental concern to the State in its efforts to ensure adequacy compliance. 123
It is important to note that the state legislature missed its opportunity to create substantial reforms for workforce training.
While the ERA appropriates significant funds to provide basic skills training, professional development for teachers, and
improved facilities, the spending does not focus on workforce development. Limited legislative attention was initially
paid to vocational training, as the State focused on improving basic curriculum standards and developing extensive K-12
frameworks for core classes. When the Massachusetts courts reviewed the constitutionality of the ERA in Hancock
v. Driscoll, 124 then Assistant Secretary of the Department of Education, James Peyser, believed that the vocation
education curriculum frameworks did not satisfy the McDuffy requirements. 125 While this fact was not disputed on
appeal, the state supreme court case upheld the ERA, determining that the Commonwealth was moving systemically to
address the remaining deficiencies in the education system and making reforms a priority. 126
*846 The court's holding does not insulate the State from future challenges if the education reform efforts do not
continue to yield necessary improvements. 127 And, if vocational education programs do not improve, or fail to prepare
students for workforce opportunities, new adequacy litigation could be brought to protect such interests identified by
Massachusetts as a key component of an educated citizen.
Recently, however, Massachusetts began to look more closely at workforce preparedness. In 2005, the National
Governors Association selected Massachusetts as one of ten “honors states,” which receive funding to address
questions of college- and workforce-preparedness. 128 As a result of the initiative, Massachusetts promulgated new
regulations increasing the competency standard on the MCAS by requiring all students in the class of 2010 to reach
proficiency. 129 The State revised high school science and technology/engineering standards requiring the same skills
for both frameworks. 130 The State is also exploring aligning graduation requirements with college- and workforce-
preparedness by requiring workplace internships, public speaking and team projects, and stricter enforcement of
deadlines and tardiness rules. 131 The proposed reforms, however, failed to pass the legislature in 2006. 132 This failure
reaffirms that while an adequate education in Massachusetts is one that prepares students to be competitive in the labor
market, school reforms continuously shortchange the vocational skills development of all students.
3. Campaign for Fiscal Equity v. State
In Campaign for Fiscal Equity v. State, 133 a group of parents and students brought a class action suit against the State
of New York alleging that the State's method of school funding in New York City *847 violated the state constitutional
mandate to make available a “sound basic education” to all the children of New York. 134 The court, considering both
inputs (the resources afforded students) and outputs (test results and graduation rates), determined that New York
City school children did not receive the constitutionally mandated opportunity for a sound, basic education. 135 The
court held that the quality of New York City teachers was inadequate; that the schools had excessive class sizes which
negatively affect learning; that the schools lacked libraries and computers; and that the graduation rate in New York City

was significantly below both state and national figures. 136 The identified shortcomings violated the State's minimum
adequate education requirements because it did not prepare the “rising generation” for productive civic participation. 137
More specifically, the court determined that education must prepare students for employment. 138 The trial court looked
extensively at the state competency standards to determine which level, the standard or the regents level, prepared
students for civic engagement. 139 The State argued that the ability to function productively was nothing more than “the
ability to get a job, and support oneself, and thereby not be a charge on the public fisc.” 140 Judge DeGrasse's decision,
which was affirmed by the highest court in New York, rejected this proposition and instead held, “[a]n engaged, capable
voter needs the intellectual tools to evaluate complex issues, such as campaign finance reform, tax policy and global
warming, to name only a few.” 141 Ultimately, New York determined that the current education system violated *848
the State's adequate education requirements because it did not prepare students for full civic participation. 142
The court defined a sound, basic education as one that enables students to undertake civic responsibilities meaningfully,
which is at a minimum a completed high school education. 143 New York education must prepare students for meaningful
employment that allows professional choice and the ability to compete in the growing high-tech market both today and
over a lifetime. 144 The court determined that this type of an adequate education required no less than education through
the twelfth grade because 1) low-skilled manufacturing jobs were scarce in New York, 2) service sector jobs required a
higher level of knowledge, and 3) employers increasingly required college instruction for entry-level positions. 145 New
York made workforce preparedness an indispensable component of an adequate education. And, moving beyond Rose
and Hoke County, New York determined that an adequate education was a high school diploma (at the twelfth-grade
level) that laid the foundations for meaningful employment in high-skilled industries.
Following the decision in Campaign for Fiscal Equity, the New York Legislature announced a series of financial and
administrative reforms to the state education plan. At its foundation, the new legislation requires the state to
[P]eriodically review and evaluate the existing regents learning standards to determine if they should be
strengthened, modified or combined so as to provide adequate opportunity for students to acquire the
skills and knowledge they need to succeed in employment or postsecondary education and to function
productively as civic participant upon graduation from high school. 146
Through the initial regulations, the State agreed to a $1.8 billion increase in school spending. 147 The State fully funded
universal, half-day pre-kindergarten and increased supplemental special education *849 funding. 148 The State also
targeted issues of accountability and transparency and required that the fifty-six high-need school districts receiving
additional state aid create “Contracts for Excellence” in which the public, parents, and local educators develop school
reform programs. 149
Beyond improved academic standards, the new regulations are not aimed at improving vocational and employment
readiness. 150 It is predicted that high school and middle school restructuring will only allow reorganization that creates
“new instructional programs that provide challenging academic content and learning opportunities or intervention
programs to help at-risk students meet learning standards.” 151 The increased funding does not explicitly support
workforce development.
Like Massachusetts, New York's reforms targeting the employment readiness of students are driven by federal legislation
and not state adequacy suits. New York put in place a rigorous career technical education program approval process,

but the catalyst for the reform grew from the reauthorization of the federal Perkins Act. 152 Once again, a state court
looked at the employability of students, the necessary academic foundations for success in the twenty-first century labor
market, and defined an adequate education as one that prepares students for the workforce. But once again, despite
identifying the preparation of students for work in the twenty-first century as a key goal of a sound, basic education,
initial state spending increases and *850 academic reforms do not advance specific workforce development programs.
C. Workforce Development Is Integral to Adequacy
The decisions from North Carolina, Massachusetts, and New York demonstrate that states are linking the importance
of workforce development or employability of students to their constitutional requirements to provide a sound, basic
education. Each trial court looked in-depth at postsecondary performance indicators, such as college going rates, college
retention and graduation rates, and employability of graduates. Even though the states had different constitutional
mandates and education clauses, all explored what modern society demanded of its twenty-first century workforce.
Additionally, each state court determined that state legislatures needed flexibility in their legislative responses to create
a constitutionally adequate education.
As demonstrated in Hoke County, schools must provide students with the fundamentals of education in reading, writing,
and mathematics so that students can become lifelong learners and stay competitive in regional job markets. North
Carolina implemented a breadth of curricular reforms and specifically implemented vocational education programs
drafted by community and business leaders to achieve such requirements. McDuffy took the holding further, requiring
Massachusetts to incorporate the foundational elements of an adequate education as defined in Rose, and to increase
funding to ensure that less affluent districts had enough funding for the new requirements. And finally, New York has
once again elaborated on the requirements of a sound basic education, determining that such an education prepares
students not merely for employment, but high-skilled employment and job growth perspectives. New York implemented
the highest standards to date, determining that a minimally adequate education requires a twelfth-grade education that
prepares students for high-skilled employment.
Ultimately, these state decisions demonstrate that an adequate education is one that evolves to prepare students for
participation in a modern workforce. Job training and workforce preparation are important and critical outputs for
courts to consider when judging the success of state education plans. In school districts where high schools and vocational
education are failing, litigation demanding adequacy *851 based on state requirements for workforce-preparedness
could be a successful litigation strategy.
While legislative reforms may not specifically target vocation and workforce preparation, there is a place for workforce
development reformers at the education reform table. The business community must also be involved in reform efforts.
While courts have stated the importance of workforce preparedness as part of a sound basic education, their suggested
remedies and the school reforms implemented by legislatures still need to implement additional strategies to improve the
employability of students. The following section will discuss the importance of workforce reforms and current initiatives.
III. REMEDIES
With the implementation of the standards-based reform movement, which culminated with the enactment of NCLB,
school reform efforts have increased academic rigor and pushed for high school education to prepare students for college.
While policymakers and media outlets talk of college for all students, these conversations ignore the large elephant in
the room. The majority of Americans do not attain a college degree, and the majority of jobs in today's fastest growing
industries do not require four-year college degrees. 153

Courts, corporations, and legislatures are all calling for high school reforms. The challenges facing courts in determining
if a state has fulfilled its constitutional mandate to provide a free and basic education are immense. Employability and
workforce skills, unmistakably, are essential elements of today's foundational education that states must provide. A
sound, basic education requires more than just financial inputs and should consider public-private partnerships that
facilitate workforce development as a potential means for achieving the requisite education skills that prepare students
for meaningful employment.
School-business partnerships have the potential to improve the workforce component of school education plans
consistent with court opinions. Businesses are the most obvious resource schools can use to develop the requisite industry
and work-based skills schools must provide students. School-business partnerships extend learning environments *852
beyond the classroom to the community, create opportunities for students to connect with adults in a meaningful and
mentoring way, and expose both educators and students to the requirements of the modern workforce. 154
Many states reform CTE by requiring that courses align with industry standards in growing labor markets and reinforce
these standards through the development and implementation of effective school-business partnerships. 155 Businesses
also should consider investing in schools because the American education system, as discussed above, already costs
corporations significant percentages of their profits and school-business partnerships are noted to produce significant
returns on investments. 156 While vocational education is a viable solution, it has been noted to be most successful
through partnerships. 157
School-business partnerships can work because the infrastructure for such programs are already in place. Businesses
are already investing heavily in public schools and partnering with school districts to develop their next generation of
workers. But, political capital must be enhanced to ensure that a broader cross-section of students can attain necessary
vocational development through actual workplace exposure. Moreover, courts have emphasized that states will be
accountable for the workforce development of students. But, legislatures have yet to embrace vocational education as
a reform strategy for engaging students and ensuring they provide a twenty-first century education that includes both
academic and occupational skills. *853 States and communities, also, fail to capitalize on the willingness of businesses
to fund and participate in education through internships, project-based learning, and job skills training. Despite the lack
of institutionalized reforms, some communities are capitalizing on the willingness of businesses to engage in partnerships.
A. Successful Private Programs
Currently, corporations around the country are taking a leadership role and investing in schools without any incentives
from local school districts. 158 Corporations recognize the link between education and workforce development and are
creating programs to prepare the next generation of employees. Some contributions are solely financial, some are linked
to providing equipment and training opportunities, while others include teacher training, internships, and secondary
education scholarships.
Some employers have created living classrooms to address skills shortages and industry needs. The heart of the American
automotive industry in Michigan created the Lansing Area Manufacturing Partnership (LAMP), which is one of the
most employer-driven, project-based high school programs. The program aligns the Lansing, Michigan area school
curriculum with the advanced-manufacturing workforce skills developed by General Motors (“GM”) and the United
Automobile Worker (“UAW”). 159
GM and UAW were spurred to become involved in Lansing schools because students were graduating from local high
schools without the requisite skills for the changing automotive industry, thereby creating a skills shortage for key
positions. 160 To grow their future workforce, GM and UAW went to the schools and developed a *854 program

where high school juniors spend half of their academic day at a UAW/GM training facility and enhance classroom
learning through work experience. 161 Students were also exposed to an academic foundation, including algebra and
critical reading skills, which is necessary for the automotive industry. Program participants took higher level math and
science classes than their counterparts and were able to feed directly into high paying manufacturing jobs. In addition,
Lansing students learned that auto-manufacturing is more than assembly lines, but rather is a high-tech, computer- and
engineering-based industry.
In the late 1990s, Intel began a series of massive contributions to K-12 education, and in one year alone, donations totaled
$28,541,751, contributions to higher education totaled $62,632,634, and contributions to community organizations
totaled $8,848,742. 162 Intel's science talent search results in $1.25 million in scholarships and donations to schools
to help support science and math programs. Intel's investment will continue with a promised “$100 million in cash,
equipment, curriculum development and program management to train teachers in the use of technology through the
Intel Teach to the Future program.” 163 The funding solidifies Intel's interest in public education and its desire to have
future, technically savvy employees.
The Bill & Melinda Gates Foundation (“Gates Foundation”) is one of the largest contributors to improved educational
opportunities for at-risk students in secondary grades. 164 The Gates Foundation supports high schools, school
development, curriculum development and libraries, encourages school-business partnerships, supports job training
programs, and involves political entities in the school reform process. 165 Spurred by the lack of school reforms directed
at the high *855 school level, the Gates Foundation supports the creation of quality high schools through both financial
contributions and technical assistance to school districts and state and local leaders. The high school reform models
supported by the Gates Foundation are typically small learning environments with curriculum focused on a trade or
industry. For the Gates Foundation, high school is preparation for college and careers accomplished through rigorous
academics and exposure to the workforce.
The Gates Foundation is not alone in making extensive commitments to secondary education. Many corporations,
whose livelihood is tied to technological innovations, are trying to expose students to engineering in early grades in
hopes of countering the declining interest in this field of study. 166 Such limited interest has potential, detrimental effects
on America's high-tech industries because significant percentages of today's scientists and engineers will soon retire. 167
Halliburton Co. sponsors the Halliburton Energy Institute which offers courses, seminars and workshops designed to
keep students up to date with technology. Halliburton formalized this program by investing in the Kellogg Discover
Engineering Committee, which sponsors National Engineers Week during which high school students participate in
activities at Halliburton offices. 168
Schools benefit when businesses get involved. Businesses have long identified education as an important component
of their workers' development and support education to ensure they have a future workforce. Barriers, however, exist
to business involvement in schools because of strict definitions of credit-worthy instruction and limited legislation that
invites industry leaders to participate in general school and curricular reforms. School-business partnerships expose
students and teachers to the demands of modern industries. These alternative learning environments engage students
that traditional classroom instruction fails to reach and can push students to higher academic attainment and improved
work opportunities. These *856 school-business partnerships recognize the important link of business success to
ensuring a future workforce that is capable of performing essential job requirements by providing a necessary education
foundation--workforce skills.
B. Federal Legislation Supporting Business Involvement in School Reform

As corporations give unsolicited support to public schools and the education system overall, federal legislation has begun
to institutionalize the relationship between corporations and public schools. The Perkins Act has long encouraged school-
business partnerships in vocational programs. General education legislation, however, has recently started to support
business involvement in school reform. In NCLB, 169 Congress revised the Elementary and Secondary Education Act
of 1965 in an attempt to improve educational attainment for disadvantaged students by requiring states to establish
academic accountability standards for elementary and secondary schools, and to examine student achievement of such
standards through annual testing. 170
Among the partnerships encouraged by NCLB were specific provisions that facilitated school-business partnerships.
In general, NCLB approved funds to be used by nonprofit organizations and public or private partnerships involving
business and industry organizations to carry out demonstration projects that enable children to meet challenging state
academic content standards and challenging state student academic achievement standards. 171 NCLB also formalized
opportunities for state education agencies to support business involvement in school programs that provide instruction
on personal finance and economics through effective teaching of economics in the nation's classrooms, 172 and that
support and advance the curriculum of Advanced Placement programs. 173 While specific measures of NCLB began to
recognize the important link between improved academic achievement and workforce development, the Act failed to
fully realize the connection.
*857 Federal legislative responses are an effective solution to America's growing skills shortage. Other countries have
successfully incorporated school-business partnership programs into national mandates. In the United Kingdom of
Great Britain and Northern Ireland (“UK”), for example, Prime Minister Gordon Brown recently announced significant
revisions to the country's vocational programs and introduced a campaign to increase apprenticeship opportunities for
young people, as well as formal school-business partnerships. 174 Recognizing that without significant reforms the UK
could not globally compete with industrial innovations, Prime Minister Brown is pushing programs that will equip
youngsters for the world of tomorrow's work and sees business and industry leaders as the key resources to lead such
reforms. The Prime Minister, therefore, approved a new program where three large national employers, McDonalds, the
airline Flybe, and Network Rail, offer courses which serve as credits towards a standard A-level or advanced diploma. 175
The UK also committed to formalizing school-business partnerships by inviting business leaders to the reform table and
legislatively reserving them seats on the UK Commission for Employment and Skills and Sector Skills Council. 176
NCLB has a similar opportunity to formalize community and business involvement in school reforms. One way is to
utilize measures similar to those employed to encourage and institutionalize parental involvement in schools. NCLB
formalized the relationship between parents and schools when it required school boards to develop education reform
plans that encouraged, improved, and created opportunities *858 for parents to have an active role in school reform
measures. 177 In order to receive state and federal funding, schools are now required to involve parents in the joint
development of the school reform plan, by “provid[ing] the coordination, technical assistance, and other support
necessary to assist participating schools in planning and implementing effective parent involvement activities to improve
student academic achievement and school performance... [and] build[ing] the schools' and parents' capacity for strong
parental involvement... .” 178 While NCLB recognized that communities and businesses could effect positive change,
the legislation failed to apply the same pressures to school districts to formally include the important partnerships of
corporations and businesses in the school reform process. Like the recent UK legislation, local businesses must have
seats reserved for them at the reform table.
C. State Remedies Addressing Workforce Preparedness

Beyond federal legislation, individual states are driving innovative reforms to address the serious problem of workforce
preparedness among students in their jurisdictions. State departments of education and legislatures are responding to
the demands of local employers that students have more rigorous academic foundations and stronger oral and written
communication skills. A few unique statewide programs are highlighted below.
1. Delaware
In Delaware, the legislature recently passed the Student Success Program that was introduced statewide to seventh- and
eighth-grade students during the 2007-2008 school year. 179 The Student Success Plan is a five year plan that includes
students' goals for high school and one year after graduation. The plan is intended to ensure that students think about
life after high school, take necessary classes and internships, and receive the necessary academic support in order to reach
their post-high school goal. 180 Students update their plans at *859 least once annually with input from their advisor,
one other member of the school staff, and a parent or guardian. 181
In conjunction with the state regulations making Student Success Plans a high school graduation requirement, Delaware
launched a public outreach campaign and website to provide students and parents with the tools to help develop their
own plans. The campaign features an interactive website that provides information and resources on careers and colleges,
including resumes and links to jobs in Delaware, and it lists courses required for entry level jobs in Delaware industries
as well as required tests for college-entrance or industry certifications. 182 The focus of the campaign is to foster a
commitment among students, educators, parents and the community that all high school students will graduate ready
for college and work. 183
While the public outreach campaign addresses a major element of workforce readiness--an understanding of the business
community's requirements for workforce participation of high school graduates--the readiness plans do not require
student internships or work experience as part of the formalized individual plans, especially for students entering the
workforce immediately following graduation. Delaware should consider providing relevant work experience for those
students who plan to enter the workforce up to one year after high school.
2. Massachusetts
The Massachusetts Business Alliance for Education (“MBAE”) took a leadership role and is currently partnering
with Massachusetts's Department of Education, through the States Scholars Initiative, to promote school-business
partnerships to encourage students to complete the necessary rigorous curriculum for workforce preparedness. 184
MBAE has pressed the State to raise high school graduation requirements and increase the rigor of the MCAS
examination in order to prepare students for a Massachusetts economy fueled by information technology, biotechnology,
and healthcare. 185 Through a survey of Massachusetts businesses, MBAE identified key factors employers expect from
workers, which included work experience, strong *860 oral and written communication skills, and a strong academic
foundation. As a result of extensive surveying, the States Scholars Initiative lobbied the legislature to increase the testing
standard on MCAS, include an oral component to graduation assessments, develop team or project based activities in
the curriculum, and to require an internship or job of all high school students. 186 The States Scholars Initiative also
integrated their own recommendations into five pilot high schools that bridge career technical education with strong
business partnerships and increased academic rigor. 187
It is too early to report on the success of these programs. The State's attention to workforce preparation and the focus
on providing opportunities for students to learn about the demands of careers and garner practical work experience,
however, must be commended. Massachusetts and Delaware are educating their students about the world of work and

making sure that all students can plan for their futures, whether it is in college, vocational training programs, or the
job market.
CONCLUSION
The business community is well aware of the importance of education in fostering and preparing the next generation of
its workforce. States and communities, however, fail to capitalize on the willingness of businesses to fund and participate
in education. While money is an important resource to adequate education, it is continuously demonstrated that
internships, project-based learning, and job skills training are essential tools in helping students transition successfully
into the labor market.
The majority of high school reform discussions center on college readiness. This focus reinforces the positive thinking
about the abilities of American youth and raises the expectations the country has for our students. Unfortunately,
the focus on college preparedness ignores the reality that most students will not immediately go to college and will
instead enter the workforce. School reform strategies should maintain demands for academic rigor but must expand to
include workforce preparedness and career technical education. Prior work *861 experience is a major consideration
for employers looking to hire high school students and graduates. Therefore, legislatures and education reformers should
attempt to formalize partnerships between businesses and schools that move beyond financial support and encourage
internships, externships, connections between curriculum and workforce skills, teacher training, technology integration,
part-time job opportunities, and even living classroom experiences. School districts should institutionalize these
innovative learning-opportunities by providing financial incentives to businesses that develop meaningful partnerships
with school districts in their area. In much the same way that state education agencies now require evaluation of effective
business-vocational training partnerships in the reauthorized Perkins Act, school districts should encourage school-
business partnership that provide significant opportunities to prepare students for meaningful employment as part of
the general, academic curriculum.
Recent cases recognize the importance of education in preparing the next generation of workers. Courts found that state
education plans failed to provide an adequate education by considering the occupational readiness and employability of
students. Despite workforce preparation being an integral measure of school success, strategies to improve workforce
preparation are not often included in school reform conversations or legislative action. States, therefore, must recognize
that courts will hold them accountable for the workforce preparation of their students and must take the necessary steps
to identify and correct the weaknesses in our general education offerings by incorporating vocational and career-oriented
programs into statewide education reforms.
Footnotes
a1 J.D. Candidate, Howard University School of Law, 2008. I would like to thank Professor Derek Black for helping me turn
an idea into a Comment. I thank Lindsay Coker, Ebony Johnson and Stacy McDonald for their hard work and guidance. I
would also like to thank my family for their love and support. This Comment is dedicated to the National League of Cities
Institute for Youth, Education and Families, whose commitment to America's youth I strive to emulate.
1 Robert Lucus, The Industrial Revolution: Past and Future, Estudios Públicos 64, 64-65 (1996).
2 See discussion infra Part II; Leandro v. State, 346 N.C. 336 (1997); City of Pawtucket v. Sundlun, 662 A.2d 40 (R.I. 1995);
Abbott v. Burke, 119 N.J. 287 (1990).
3 See generally Michael Heise, State Constitutions, School Finance Litigation, and the “Third Wave”: from Equity to Adequacy,
68 Temp. L. Rev. 1151 (1995).
4 See discussion infra Part II.B.

5 The New Age of Technology, Techniques, Feb. 2002, at 42.

6 John H. Bishop & Ferran Mane, The Impacts of Career-Technical Education on High School Labor Market Success, 23 Econ.
of Educ. Rev. 381, 382 (2004) (“Occupation-specific course taking is normally concentrated in the last few years of a student's
time in school. As college attendance becomes more common, one might expect growing numbers of high school students to
postpone occupation-specific course taking until college.”).
7 Melvin Barlow, Coming of Age, 1926-1976, Am. Vocational J., May 1976, at 69.
8 The National Center for Higher Education Management Systems, Student Pipeline--Transition and Completion Rates
from 9th Grade to College (2007) (based on NCES data), available at http:// www.higheredinfo.org/dbrowser/index.php?
measure=72.
9 See discussion infra Part II.
10 See Sheff v. O'Neill, 678 A.2d 1267 (Conn. 1996) (finding Hartford public schools unconstitutionally segregated and
instructing the state legislature to remedy the constitutional violation). In response to the suit, the legislature implemented
magnet schools and open enrollment but did not require mandatory intradistrict remedies. Justin R. Long, Enforcing
Affirmative State Constitutional Obligations and Sheff v. O'Neill, 151 U. Pa. L. Rev. 277, 293-296 (2002). Plaintiffs returned
to court in 2003 because Hartford schools had yet to integrate. The State then entered into a four year settlement agreement
pledging additional funding and integration target rates. National Access Network, Background and Related Issues on School
Funding Litigation in Connecticut (2008), available at http:// www.schoolfunding.info/states/ct/lit_ct.php3. See also, Abbott
v. Burke, 119 N.J. 287 (1990) (suggesting universal Pre-K); Hoke County Bd. of Ed. v. State, 358 N.C. 605 (2004) (suggesting
universal pre-K as a viable solution to inadequate schools).
11 See discussion infra Part II.
12 See discussion infra Part II. Federal legislation, however, has attempted to focus on necessary reforms to vocational education
through reauthorizations of the Carl D. Perkins Vocational and Technical Education Act, the School-to-Work Act of 1994
and the Workforce Investment Act.
13 358 N.C. 605 (2004).
14 415 Mass. 545 (1993).
15 100 N.Y.2d 893 (2003).
16 Carl D. Perkins Vocational and Technical Education Act, 20 U.S.C. §2302(5) (2006) (defining Career and Technical
Education). Technical education differs from vocational education in that it helps students directly develop expertise in
technology fields, but as the majority of career-oriented classes focuses on or utilizes computers, vocational education for
practical purpose has all but merged with technical education. Bishop & Mane, supra note 6, at 382.
17 Marisa Castellano, Sam Stringfield & James R. Stone III, Secondary Career and Technical Education and Comprehensive
School Reform: Implications for Research and Practice, 73 Rev. of Educ. Res. 231, 243 (2003). See generally Melvin Barlow,
The Vocational Age Emerges, 1876-1926, Am. Vocational J., May 1976, at 45.
18 James Conant in his influential book, The American High School Today, argued for the creation of the comprehensive high
school and outlined how such a school model could function and be successful. The book advocates that students can benefit
from exposure to extensive curriculum. The book also details how to structure a high school in order to prepare students for
a manufacturing based economy, creating tracks in high school to prepare different workers for different twentieth century
job responsibilities. See James B. Conant, The American High School Today (1964).
19 Association for Career and Technical Education, Reinventing the American High School for the 21st Century 6 (2006)
(“Vocational programs were designed for students who had strong aptitudes for technology, installation and repair of
machinery, and entry into the skilled trades.”).

20 Id. (“College preparatory programs were designed for the management cadre that would direct the production of the
workforce, and to prepare other professionals such as accountants, lawyers, physicians, political leaders, and the clergy.”).
21 Barlow, supra note 7, at 69-73.
22 Id. at 70-71.
23 The Smith-Hughes Act was passed in 1917 and marked the first federal investment in vocational education. Over the next few
decades support for vocational education expanded including passage of the George-Barden Act in 1946 and the National
Defense Education Act in 1958. S. Rep. No. 109-65, at 3 (2005).
24 Barlow, supra note 7, at 76-77; The Times They Are A-Changing, Techniques, Feb. 2002, at 32, 34.
25 Carl D. Perkins Vocational and Applied Technical Education Act, 20 U.S.C. §2301 (1984); S. Rep. No. 109-65, at 3-7 (2005).
26 Carl D. Perkins Career and Technical Improvement Act Of 2006 Signed Into Law, ACTE News, Aug. 14, 2006, available at
http:// www.acteonline.org/news_room/media/news_releases/newsrelease081406.cfm.
27 S. Rep. No. 109-065, at 6-7 (2005).
28 Castellano, Stringfield & Stone, supra note 17, at 243 (discussing the changing American industries); National Association
of Manufacturers, Keeping America Competitive: How Talent Shortage Threatens U.S. Manufacturing 5 (2003) (discussing
the growing demand for workers with high-tech skills).
29 Bishop & Mane, supra note 6, at 382.
30 Betsy Brand, Rigor and Relevance: A New Vision For Career and Technical Education 6 (2003). Career technical education
is further defined as “[a]cademic foundations using context of careers to help make core curriculum relevant and meaningful
and show how academic concepts can be applied in work situations.” Id. at 7.
31 See Castellano, Stringfield & Stone, supra note 17, at 244. See also Hans Meeder, The Perkins Act of 2006: Connecting Career
and Technical Education with the College and Career Readiness Agenda 8-12 (2008) (discussing the reforms to the Perkins
Act, its requirement of a course of study that prepares students for both college and careers, and how states are achieving the
new mandates by aligning career and technical education graduation requirements with college admission requirements. For
example, California vocational programs are being aligned with the A-G standards for California state university admissions.).
32 Carl D. Perkins Vocational and Applied Technical Education Act, 20 U.S.C. § 2302(5) (2007).
33 Brand supra note 30, at 6-7.
34 Remarks at Exemplary Career and Technical Education Districts and Programs (Sept. 21, 2007), available at http://
www.aypf.org/forumbriefs/2007/fbo92107.htm (summary and webcast of panel discussion examining the role of career and
technical education in high school reform). See also Association for Career and Technical Education, supra note 19, at 4.
Career technical education:
supports students in the acquisition of rigorous core knowledge, skills, habits and attitudes needed for success in post-
secondary education and the high-skilled workplace; engage students in specific career-related learning experiences that equip
them to make well-informed decisions about further education and training and employment opportunities; and, prepare
students who may choose to enter the workforce directly after high school with levels of skill and knowledge in a particular
career area that will be valued in the marketplace.
Id.
35 Remarks at Exemplary Career and Technical Education Districts and Programs (Sept. 21, 2007), available at http://
www.aypf.org/forumbriefs/2007/fbo92107.htm (discussing how the academic core aligns with state university standards;
the technical core creates sequential courses that apply to real-world applications and are rooted in industry standards
and certification requirements; the work-based learning core contextualizes learning and actual work experience through
internships; and the support services core supplements instruction (tutoring), counseling and transportation).

36 Bush Administration's FY 2006 Budget Zeros Out Perkins, Action Alert (National Association of State Directors of Career
Technical Education Consortium, Washington, D.C.), Feb. 7, 2005, at 1, available at http:// www.careertech.org/action_alerts/
show/4 (discussing the Bush Administration's shift of Perkins money to the new High School Initiative); Bush Budget
Diminishes Career and Technical Education, ACTE news, Feb. 5, 2007, available at http://www.acteonline.org/presscenter/
news_releases/newsrelease2052007.cfm (“In FY 2004 and FY 2005, the Bush administration called for 25 percent cuts, and he
proposed to eliminate Perkins in FY 2006 and FY 2007. Although Congress rejected these proposals, the proposed cuts for
FY 2008 would be detrimental to the newly authorized Perkins Act.”).
37 Department of Education, Fiscal Year 2006 Budget Summary and Background Information 47-48 (Feb. 7, 2005), available
at http:// www.ed.gov/about/overview/budget/budget06/summary/06summary.pdf.
38 National Governors Association, Retooling Career Technical Education 2 (2007) (“In the latest report of 12th-Grade
mathematics scores, two-thirds of CTE concentrators scored below basic on the National Assessment of Education Progress
(NEAP).”).
39 Mark Yudof, Educational Policy and the Law 484-88 (2d ed. 2002).
40 Charles T. Clotfelter, Helen F. Ladd, & Jacob L. Vigdor, Do Southern Schools Face Rapid Resegregation?: Segregation
and Resegregation in North Carolina's Public School Classrooms, 81 N.C. L. Rev. 1463, 1468 (2003) (discussing studies that
explore “the pattern of placements of students into academic tracks and present evidence that students of different racial
groups faced different probabilities of being assigned to particular academic tracks, even after their measured achievement
levels had been controlled for.”); Nicolaus Mills, Public Schools and the New Segregation Struggle, Equal Opportunity Rev.,
Aug. 1975, at 2-3 (discussing how tracking is used to discriminate and exclude minority students within ‘desegregated‘ systems).
41 See Daniel J. Losen, Silent Segregation in Our Nation's Schools, 34 Harv. C.R.-C.L. L. Rev. 517 (1999).
42 Hobson v. Hansen, 269 F. Supp. 401, 444-46 (D.C. Civ. 1967).
43 Id. at 445.
44 Anne Wheelock, Crossing the Tracks: How ‘Untracking‘ Can Save America's Schools 11-13 (1992).
45 American Diploma Project, Ready or Not: Creating a High School Diploma that Counts (2004) (discussing similarity
between requirements for post-secondary education and for the growing sector of good jobs); Ross Wiener, How the Federal
Government Could Promote Academically Rigorous Career and Technical Education, in Remaking Career and Technical
Education for the 21st Century: What Role for High School Programs? 32, 32 (Richard Kazis, ed., 2005) (“The technical
reading and computational skills required for jobs that pay a living wage are remarkably similar to those required for credit-
bearing college courses.”).
46 Marsha Silverberg et al., National Assessment of Vocational Education: Final Report to Congress 19 (U.S. Dep't of Educ.,
2004).
47 Id. at 21. It should be noted that the study assumes that the number of high schools offering vocational education courses is
underreported because the survey only asked about 28 specific occupational programs. Id. at 20 n. 1.
48 Association for Career and Technical Education, supra note 19, at 4.
49 Id. (discussing how vocational education has seen a greater emphasis on academics with more students completing elements
of a college preparatory track and achieving higher competencies in math and language arts literacy).
50 See, The American Diploma Project, supra note 45, at 1-3 (2004).
51 Hoke County Bd. of Ed. v. State, No. 95CVS1158, 2000 WL 1639686, at *76 (N.C. Super. Oct. 12, 2000).
52 The Nation's Report Card publicizes the academic achievement of elementary and secondary students in the United States as
gathered by the National Assessment of Educational Progress. The National Assessment of Educational Progress annually
releases The Nation's Report Card, which can be reviewed at http://nationsreportcard.gov. No Child Left Behind is a
comprehensive school reform legislation that requires states to input academic standards and assessments. No Child Left

Behind Act of 2001, Pub. Law 110-131, 115 Stat. 1425 (codified as amended in scattered sections of 20 U.S.C. and purpose
of NCLB Act found at 20 U.S.C. § 6301).
53 Jay P. Greene & Marcus A. Winters, Public High School Graduation and College-Readiness Rates: 1991-2002, Educ.
Working Paper (Manhattan Institute, New York, NY), Feb. 2005, at 7-8, available at http://www.manhattan-institute.org/
pdf/ewp_08.pdf. For those students that make it through high school, significant percentages of students fall short on newly-
implemented high stakes tests intended to show whether students have the requisite skills to graduate with a high school
diploma. Achieve, Do Graduation Tests Measure Up? A Closer Look at State High School Exit Exams (2004), available at
http:// www.achieve.org/files/TestGraduation-FinalReport.pdf. Students are failing in their final years of high school, even
though these exit examinations test neither for competency at a twelfth grade level nor for the baseline skills employers deem
necessary for the modern workforce. Id. (discussing that most high school exit exams requires a 7-8 grade level for math skills
and a 9-10 grade level for English).
54 Nancy Martin & Samuel Halperin, Whatever It Takes: How Twelve Communities Are Reconnecting Out-of-School Youth
viii (2006).
55 Id.
56 Id. Salaries adjusted for inflation and based on 2002 dollars.
57 Id. The 2008 HHS Poverty Guidelines indicate that a family of four earning less then $21,200 is living in poverty. ACT,
Percentage of First Year Students At Four Year Colleges Who Return for Second Year (2007), available at http://aspe.hhs.gov/
poverty/08poverty.shtml. Therefore, a high school graduate supporting his or her family will financially hover around the
poverty line.
58 See ACT, Tracking Charts: 1988-2007 (charting the four-year college degree attainment of students since 1988), available at
http:// www.act.org/path/policy/pdf/retain_charts.pdf. See also ACT, Trends: 1983-2007 (presenting the high, low and current
post-secondary graduation rates for different types of degree-granting institutions), available at http:// www.act.org/path/
policy/pdf/retain_trends.pdf.
59 Margaret Spellings, Secretary, Dept. of Educ., Remarks at the 2006 National Historically Black Colleges and Universities
Week Conference (Sept. 12, 2006).
60 Jay P. Greene, High School Graduation Rates in the United States 4-5 (Manhattan Institute, New York, NY) (2002) (“Sixteen
of the 50 largest school districts failed to graduate more than half of their African-American students. Cleveland has the lowest
graduation rate for African-American students (29%), followed by Milwaukee (34%), Memphis (39%), Gwinnett County,
Georgia (40%), Pinellas County, Florida (41%), New York City (42%), Hillsborough County, Florida (42%), Columbus, Ohio
(45%), Chicago (45%), Duval County, Florida (45%), Orange County, Florida (45%), Dekalb County, Georgia (46%), Cobb
County, Georgia (47%), Clark County, Nevada (49%), Jefferson County, Kentucky (49%), and Mobile, Alabama (50%).”).
61 National Commission on Excellence in Education, A Nation at Risk (1983), available at http://www.ed.gov/pubs/NatAtRisk/
risk.html.
62 Id.
63 Id. at 8.
64 Susan H. Bitensky, Legal Theory: Theoretical Foundations for a Right to Education Under the U.S. Constitution: A
Beginning to the End of the National Education Crisis, 86 Nw. U. L. Rev. 550, 556 (1992).
65 Quentin A. Palfrey, The State Judiciary's Role in Fulfilling Brown's Promise, 8 Mich. J. Race & L. 1, 39 (2002).
66 Id.
67 American Youth Policy Forum, Essentials of High School Reform: New Forms of Assessment and Contextual Teaching and
Learning (Betsy Brand ed., 2003).
68 Bitensky, supra note 64, at 559.

69 Id.
70 Martin & Halperin, supra note 54, at viii (High school dropouts are 3.5 times more likely than graduates to be incarcerated.).
71 Id.
72 See Rose v. Council for Better Education, 790 S.W.2d 186, 212 (Ky. 1989) (listing factors that provide an adequate education,
including vocational and workforce preparation). See also McDuffy v. Secretary, 415 Mass. 545, 557 (1993) (adapting the
Rose factors); Abbot v. Burke, 119 N.J. 287, 306 (1990) (requiring a minimal level of education that will equip students to
become “a citizen and...a competitor in the labor market.”); Pauley v. Kelly, 255 S.E.2d 859, 877 (W. Va. 1979) (defining a
thorough and efficient system of schools as one that allows “the minds, bodies and social morality of its charges to prepare
them for useful and happy occupations, recreation and citizenships, and does so economically.”).
73 For example, despite producing the alarming report A Nation at Risk, the Action for Excellence Taskforce, established
to make recommendations for necessary school reforms, focused on improved academic rigor and overlooked vocational
education as a viable solution. Barbara Z. Presseisen, Unlearned Lessons: Current and Past School Reforms For School
Improvement 42-43 (1985) (discussing that the main strands of suggested reforms following A Nation At Risk called for
increased academic rigor and alignment with college standards).
74 Anne Marie Chalker, Teacher's Aide: High Schools Add Classes Scripted by Corporations --- Lockheed, Intel Fund
Engineering Courses; Creating a Work Force, Wall St. J., Mar. 6, 2008 (discussing the role school-business partnerships play
in reinforcing academic skills and preparing students for the workforce).
75 Jobs for the Future, School-to-Work Initiative Demonstrates Significant Impact on Young People (1998) (discussing the
success of Boston's school to work programs), available at http:// www.jff.org/Documents/PromisingData.pdf. Initial data
on Philadelphia's school to work program is available at http:// web.archive.org/web/19991008032621/www.phila.k12.pa.us/
offices/ed_ employ/Phila.stc.wbl.results.html. But see, D. Mark Wilson, Time to End the Troubled School-to-Work-Program
(1999) (advocating that Congress allow the School-to-Work Act of 1994 to sunset because the federal program violates many
state constitutions, encourages questionable teaching methods, is federal industrial planning, is not voluntary for states, and
destroys the academic value of a student's high school experience), available at http:// www.heritage.org/Research/Education/
BG1324.cfm.
76 See Katherine L. Hughes, Thomas R. Bailey & Melinda J. Mechur, School-to-Work: Making a Difference in Education (2001)
(compendium of research indicators about New York's school-to-work initiative).
77 See National Employer Leadership Council, The Bottom-line Return on School-to-work Investment for Students and
Employers: Intuitions Confirmed (1999) (reporting on the school-to-work programs in Boston, New York, Philadelphia, and
other communities that implemented programs under the School to Work Opportunities Act of 1994).
78 Bishop & Mane, supra note 6, at 383 (2004). See generally, Hughes et al., supra note 76 (providing an extensive bibliography
of school-to-work research addressing the academic and professional success of the program).
79 Barlow, supra note 7, at 78.
80 Id.
81 The School-to-Work Opportunities Act of 1994, Pub. Law 103-239, provided federal funding for work-based learning
opportunities for students. The initiative sunset in October 2001. Congress identified the need for the act because, “three-
fourths of America's high school students enter the work force without baccalaureate degrees, and many do not possess the
academic and entry-level occupational skills necessary to succeed in the changing American workplace.” 20 U.S.C. § 6101.
82 National Employer Leadership Council, supra note 77, at 8-9 (study was conducted by the National Employer Leadership
Council who surveyed eight companies that offered students internships, apprenticeships, or paid, part-time employment).
83 347 U.S. 483 (1954).
84 Id. at 493 (emphasis added).

85 The crux of an adequacy suit is that quality of education should not vary significantly from district to district. William E. Thro,
Judicial Analysis During the Third Wave of School Finance Litigation: The Massachusetts Decision as a Model, 35 B.C. L.
Rev. 597, 603 (1994). Equity suits, on the other hand, seek to reduce spending disparities and focus on per-pupil and overall
educational spending. Id. at 600-01. Adequacy suits, therefore, do not focus solely on dollar amounts but instead contend
that the money spent on school districts should be related to the actual costs incurred to ensure that every student achieves an
education at or above the state standard. Palfrey, supra note 65, at 22 (2002). The adequacy legal strategy shifted from a focus
on equal protection clauses and instead advanced arguments based on the education clauses of state constitutions. William
E. Thro, Judicial Analysis During the Third Wave of School Finance Litigation: The Massachusetts Decision as a Model,
35 B.C. L. Rev. 597, 603 (1994). Consider also that even in the emerging adequacy litigation, the notion of equity persisted.
Often the remedy courts established to address adequacy shortcomings was increased funds. For example, the New Jersey
Supreme Court provided equal funding to poor districts to satisfy the ‘thorough and efficient’ constitutional test because,
while there was no evidence more money would benefit the school district there certainly was no evidence that more money
would hurt. Abbott v. Burke, 119 N.J. 287, 375-77 (1990). But see, Peter Enrich, Leaving Equality Behind: New Directions
in School Finance Reform, 48 Vand. L. Rev. 101 (1995), for a discussion about how adequacy litigation maintains unequal
educational opportunities that create significant competitive disadvantages for students from poor communities relative to
their peers from privileged districts. As a result, the quality of education is specific to the guarantees of each state's education
clause, and as of yet, there is no defined national standard for a quality education. Gershon M. Ratner, A New Legal Duty
for Urban Public Schools: Effective Education in Basic Skills, 63 Tex. L. Rev. 777, 812-43 (1985) (discussing the four different
categories of state education clauses and the varying duties imposed on states).
86 See Michael Heise, supra note 3. Initially, an equity strategy was most commonly employed in the legal battle for quality
education. School reformers turned to the courts to argue that both the Equal Protection Clause of the Fourteenth Amendment
and implicit liberty interests in education require states to provide equal funding to school districts. See generally San Antonio
Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1 (1973). Lawyers moved away from equity litigation, however, because education
was not recognized as a fundamental right under the U.S. Constitution. Id. at 35 (1973) ( “Education, of course, is not among
the rights afforded explicit protection under our Federal Constitution.”).
87 Josh Kagan, A Civic Action: Interpreting “Adequacy” in State Constitutions' Education Clauses, 78 N.Y.U. L. Rev. 2241,
2254-56 (2003) (discussing standard inputs and outputs considered by courts).
88 Id.
89 See National Commission on Excellence in Education, A Nation at Risk (1983).
90 Michael A. Rebell, Education Adequacy, Democracy and the Courts, in Achieving High Educational Standards for All 218,
229 (Timothy Ready, Christopher Edley, Jr, & Catherine E. Snow eds., 2002). The standards based reform movement gained
traction because these increased academic goals were ineffective without resources and strategies for implementation. Id.
(discussing how 45 States increased their requirements but that they were ineffective in reaching their goals because the state
had no strategies in place). To guide states in the standards reform movement, the National Governors Association convened
multiple summits to discuss standards projects and suggested reforms. In addition, Congress passed Goals 2000, advancing
eight national goals to aid states in the development of academic standards and programs. Goals 2000, Pub. L. No. 103-227,
108 Stat. 125 (1994). For a detailed discussion on the statute see, Michael Heise, Goals 2000: Educate America Act: The
Federalization and Legalization of Educational Policy, 63 Fordham L. Rev. 345 (1994). Goals 2000 was the foundation for
revisions to the Elementary and Secondary Education Act, culminating in the No Child Left Behind Act.
91 790 S.W.2d 186, 212 (Ky. 1989). The Rose court began the serious task of defining what a quality education was for a child
of Kentucky. According to the court, an efficient education system instills seven capabilities in an educated child:
(i) sufficient oral and written communication skills to enable students to function in a complex and rapidly changing
civilization; (ii) sufficient knowledge of economic, social, and political systems to enable the student to make informed choices;
(iii) sufficient understanding of governmental processes to enable the student to understand the issues that affect his or her
community, state, and nation; (iv) sufficient self-knowledge and knowledge of his or her mental and physical wellness; (v)
sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage; (vi) sufficient
training or preparation for advanced training in either academic or vocational fields so as to enable each child to choose and
pursue life work intelligently; and (vii) sufficient levels of academic or vocational skills to enable public school students to
compete favorably with their counterparts in surrounding states, in academics or in the job market.

Id.
92 McDuffy v. Secretary, 415 Mass. 545 (1993) (adapting Rose standards); Claremont Sch. Dist. v. Governor, 635 A.2d 1375
(N.H. 1993) (adapting Massachusetts' definition of adequacy).
93 Often reform strategies focus on early childhood improvements. See Abbott v. Burke, 153 N.J. 480 (1998) (Abbott V)
(requiring the State to provide all three- and four-year-old children residing in ‘Abbott‘ districts with high quality pre-
kindergarten).
94 Hoke County Bd. of Ed. v. State, 358 N.C. 605 (2004). In Hoke County, the North Carolina Supreme Court found that the
State violated the rights of at-risk children, in particular children in rural school districts, by failing to provide the resources
necessary to enable a sound basic education, as guaranteed under the North Carolina Constitution. The North Carolina
Supreme Court also affirmed the lower court's remedial order requiring the State to reassess school funding allocations and
correct funding deficiencies that prevented school districts from delivering the constitutionally required education.
95 Leandro v. State, 346 N.C. 336 (1997). Education boards, students, and parents sued the State and its Board of Education,
claiming that North Carolina violated its constitutional mandate to provide an adequate education because poor and urban
districts had rundown facilities, had limited budgets to pay teachers competitive salaries or provide special education or English
acquisition services, as well as had significantly low scores on state assessments. The court held that the State's constitution
guaranteed the right to a free public education that prepared students to participate and compete in the society; guaranteed
the opportunity to receive a sound basic education; but did not require substantially equal funding or equal advantages; and
did not guarantee a right to equal educational opportunities amongst the State's school districts. Id.
96 Hoke County, 358 N.C. at 609. The state legislature revisited the state curriculum to ensure that the Basic Education Program
(“BEP”) aligned with the standards outlined in the case. Hoke County Bd. of Ed. v. State, No. 95CVS1158, 2000 WL 1639686,
at * 15 (N.C. Super. Oct. 12, 2000). The State also implemented major raises to teacher salaries to attract and retain the best
quality teachers. Id. at *37. In 1994, when the Leandro litigation began, the State spent $4 billion on schools, by 2000 the
funding had increased to $5.6 billion. Id. at *42.
97 The reforms included major revisions to the Standard Course of Study (“SCOS”). Id. at *15. English language arts, writing
and speaking, and science were revised in 1999, mathematics were revised in 1998 and social studies courses were revised in
1997 to create content that demonstrates the state's high expectations and students' in-depth mastery of content. Elementary
and Secondary Education, N.C. Gen. Stat. § 115C-12(9c). The General Assembly also mandated that the SCOS be aligned
with the course work required for admission to University of North Carolina system. Id.
98 Hoke County Bd. of Ed. v. State, No. 95CVS1158, 2000 WL 1639686, at * 27-28 (N.C. Super. Oct. 12, 2000).
99 In Hoke County, parents and students sued the state of North Carolina for failing in its constitutional duty to provide a
sound basic education in rural districts, as demonstrated by extreme deficiencies among school districts within the State. 346
N.C. 605, 609 (2004) at 609 (remanding case back to the trial level to determine if North Carolina provides children a sound
basic education and if so, whether the State has a compelling government interest for its failure to provide such education
opportunities).
100 Leandro, 346 N.C. at 345 (“An education that does not serve the purpose of preparing students to participate and compete
in the society in which they live and work is devoid of substance and is constitutionally inadequate.”). The court used specific
factors, closely linked to workforce and college preparation, to determine if the state fulfilled its constitutional mandate. The
State looked to see if schools provided students with
(1) sufficient knowledge of fundamental mathematics and physical science to enable the student to function in a complex and
rapidly changing society; (2) sufficient fundamental knowledge of geography, history, and basic economic and political systems
to enable the student to make informed choices with regard to issues that affect the student personally or affect the student's
community, state, and nation; (3) sufficient academic and vocational skills to enable the student to successfully engage in post-
secondary education or vocational training; and (4) sufficientacademic and vocational skills to enable the student to compete
on an equal basis with others in formal education or gainful employment in contemporary society.
Hoke County Bd. of Ed., 358 N.C. at 622 (citing Leandro, 346 N.C. at 347).
101 Id. at 627.

102 The court determined that test scores could not determine the effectiveness of the State's education plan, because scores alone
did not demonstrate both the academic and workforce development of students. Id. at 626-27.
103 Id. at 629-30.
104 Id. at 628 (providing specific evidence from three of Hoke County's major employers who all indicated that local graduates
were not qualified to perform the requisite basic tasks for the available entry level jobs. Most of the jobs required no more
then very basic reading and math.). The court also discussed the remediation and dropout rates of Hoke County students at
local community colleges. Id. at 629 (“55 percent of Hoke County graduates attending community college in 1996 were placed
in one or more remedial classes for core subjects such as reading and mathematics.”).
105 Id. at 632 (aff'g Hoke County Bd. of Ed. v. State, No. 95CVS1158, 2000 WL 1639686 at * 15 (N.C. Super. Oct. 12, 2000)).
The court determined that the State had made significant education reforms and passed legislation that created resources and
programs that had the potential to provide a sound basic education, but the court did not address specifically the vocational
education reforms. Id.
106 Disadvantaged Student Supplemental Fund, N.C. Issue Brief (North Carolina Justice Center, Raleigh, N.C.), Jan. 2007.
Moreover, the mission of North Carolina's Career Technical Education is “to help empower students for effective participation
in an international economy as world-class workers and citizens.” North Carolina Public Schools, Career Technical Education
Mission, available at http://www.dpi.state.nc.us/cte/about/mission.html. North Carolina made major reforms to their career
technical education program primarily because of the Reauthorization of the Perkins Act and not because of the Hoke
County litigation. North Carolina State Board of Education, Career and Technical Education Data Profile (Summer 2007),
available at http:// www.dpi.state.nc.us/cte/publications/data_profile/2007_CTE_Data_Profile.pdf. Between 2001 and 2006,
career technical education enrollment increased by over 28 percent, with the largest section of students enrolled in Business
and Information Technology Education. Id. at 2-3. And, as of 2006, nearly 90 percent of career technical education students
met state requirements for either a college prep course of study, college tech prep, or both. Id. at 4. A state survey of recent
graduates confirmed that more than half of the career technical education students credit their vocational education courses
“as being the deciding factor in keeping them in school.” Id. at 8. And, less then a year after graduating from high school,
only 3.8 percent of students reported being unemployed or seeking employment, compared to the North Carolina Youth
Unemployment rate of 20 percent. Id.
107 Public School of North Carolina, Report to the Joint Legislative Oversight Committee, 1 (2007).
108 See Learn and Earn Homepage, http:// www.learnandearn.nc.gov/learnEarnHighschools.htm (listing of Early College High
Schools in North Carolina and their course offerings).
109 National Governors Association, Honoring Progress 3 (2006) (discussing how North Carolina implemented an $11 million
grant from the Bill & Melinda Gates Foundation by launching the N.C. New Schools Project. “The New Schools Project
opened 11 schools in 2005 that concentrate on fields and occupations experiencing economic growth, such as health and life
science, engineering, and biotechnology.”)
110 North Carolina has supported work-based learning for decades. Programs include high school apprenticeships and career
academies. For more information about the State Board of Education sponsored high school apprenticeships, see North
Carolina Public Schools, High School Apprenticeships, available at http:// www.dpi.state.nc.us/cte/apprenticeship/index.html.
For more information about career academies, implemented in North Carolina in partnership with the Southern Regional
Education Board through their High Schools That Work program, see the High Schools That Work homepage, available at
http:// www.sreb.org/programs/hstw/hstwindex.asp.
111 McDuffy v. Secretary, 415 Mass. 545 (1993). The Massachusetts Supreme Court was asked to answer whether the
Commonwealth failed to fulfill its duty to provide an education in less affluent school districts as mandated by the state
constitution. Id. at 550. Students in 16 towns and cities challenged the current education funding system by arguing that
less-affluent school districts were failing to provide an adequate education, while nine cities and towns challenged the
constitutionality of the funding system. Id. at 618. The court concluded that the commonwealth had an obligation to educate
all of its children and was failing to do so. Id. To reach its holding, the Court analyzed the Massachusetts Constitution's
“Encouragement of Literature” clause. Id. at 564-66. Ultimately, the court determined that while the State can rely on

local school districts to implement their State's education plan, Massachusetts cannot completely deflect the responsibility
to educate every child in Massachusetts to local boards. As a result, if school districts are failing, then it is Massachusetts'
responsibility to remedy the situation. Id. at 551-52.
112 Id. at 551-52.
113 Id. at 553-555. Funding disparities resulted in inadequate teaching, neglected libraries, unequal access to high-quality teachers,
lack of teacher professional development, administrative reduction, and inadequate guidance counseling creating inadequate
educational opportunities. Id. at 617. The current scheme approved by the legislature attempted to provide equal educational
opportunities, despite the affluence of a school district. The court found that children in less affluent communities “are not
receiving their constitutional entitlement of education as intended and mandated by the framers of the Constitution.” Id. at
614.
114 Hancock v. Driscoll, No. 02-2978, 2004 WL 877984, *87-89 (Mass. Super. Apr. 26, 2004). According to McDuffy,
Massachusetts
has a duty to provide an education for all its children, rich and poor, in every city and town of the Commonwealth at the
public school level, and that this duty is designed not only to serve the interests of the children, but more fundamentally, to
prepare them to participate as free citizens of a free State to meet the needs and interests of a republican government, namely
the Commonwealth of Massachusetts.
415 Mass. 545, 606 (1993).
115 McDuffy, 415 Mass. at 618.
116 Id. at 617 (“Our conclusion that the Commonwealth is in violation of its constitutional duty to educate our children is not the
first decision of its kind. The highest courts of some of our sister States have declared their educational systems to violate the
education clauses, the equal protection provisions, or both clauses, of their Constitutions....”).
117 Id. at 618.
118 Id.
119 Education Reform Act, Mass. Gen. Laws Ch. 71 (2007).
120 Hancock v. Driscoll, No. 02-2978, 2004 WL 877984, at *5 (Mass. Super. April 26, 2004).
121 Id. at *6-7.
122 Id. at *6.
123 State legislation instructed the Massachusetts Board of Education to develop improved curriculum frameworks, including
vocational standards. Massachusetts created standards for arts, English, foreign languages, mathematics, health, history/
social science, science/technology/engineering, but no explicit vocational standards. Overview of Massachusetts Education
Reform, Third Educ. Group Rev., 2003, at 2.
124 No. 02-2978, 2004 WL 877984 (Mass. Super. April 26, 2004).
125 Id. at *17, n.35. The Education Reform Act, however, did establish the Certificate of Occupational Proficiency, an assessment
system that rewards students for completing a comprehensive education and training program in a particular trade in one of
the state's ten career clusters. Mass. Gen. Laws ch. 69, § 1D(iii) (2008). The ERA generated general education curriculum, and
created a separate Vocational Technical Education curriculum. There is little overlap between the two courses of study with
vocational education still taught separate from a college preparatory track. See the descriptions of career cluster requirements,
available at http:// www.doe.mass.edu/cte/frameworks/?section=business, (discussing the limited required academic skills
embedded within the career proficiency standards). But, following the reauthorization of the Perkins Act, Massachusetts has
worked with industry experts to ensure that certain vocational programs align with industry standards and teach relevant
materials on current equipment. See the Massachusetts Department of Education, Chapter 74 Manual for Vocational and
Technical Education Programs, available at http:// www.doe.mass.edu/cte/programs/manual.doc (explaining Massachusetts
Vocational Technical Education policies).

126 Hancock v. Commissioner, 443 Mass. 428, 433 (2005).

I accord great deference to the Superior Court judge's thoughtful and detailed findings of fact. I accept those findings, and
share the judge's concern that sharp disparities in the educational opportunities, and the performance, of some Massachusetts
public school students persist. The public education system we review today, however, is not the public education system
reviewed in McDuffy. Its shortcomings, while significant in the focus districts, do not constitute the egregious, Statewide
abandonment of the constitutional duty identified in that case.
Id.
127 Id. at 435 (“I do not suggest that the goals of education reform adopted since McDuffy have been fully achieved. Clearly
they have not. Nothing I say today would insulate the Commonwealth from a successful challenge under the education clause
in different circumstances.”). The trial court identified school graduation rates, course offerings, classes taught by highly
qualified teachers and deficiencies in vocational programs to be areas the state continued to suffer from inadequacies and if
the state continues to have discrepancies between wealthy and poor districts in these areas, Massachusetts could face another
round of education litigation.
128 See National Governors Association, Redesigning High Schools in 10 Honor States: A Mid-Term Report (2007).
129 Id. at 19. Proficiency in Massachusetts, however, is only academic achievement commensurate with a tenth-grade level.
130 Id. at 20.
131 See Massachusetts Business Alliance for Education, Preparing for the Future: Employer Perspectives on Work Readiness
Skills (2006).
132 National Governors Association, supra note 128, at 20.
133 100 N.Y.2d 893 (2003).
134 Id. at 903.
135 Id. at 908.
136 Id. at 912-14.
137 Id. at 905-06.
138 Id. at 905 (“The Appellate Division also recognized that our ‘term “function productively” does imply employment’, and we
agree with both parties and both lower courts that an employment component was implicit in the standard we outlined in
CFE.”).
139 Campaign for Fiscal Equity v. State, 719 N.Y.S. 2d 475 (N.Y. Sup. Ct. 2001). The trial court judge, the Honorable Leland
DeGrasse, instructed both sides to prepare expert testimony on whether New York's minimum standards prepared students to
comprehend both a New York City charter referendum and jury charges in complex litigation suits. Rebell, supra note 90, at
245. Plaintiffs' expert testimony confirmed that the elite regents learning standards, not the minimum competency standards,
provided the necessary education skills to handle such civic duties. Id. The State's expert, however, advanced the notion that
Americans obtained their information concerning votes through radio and television news. Id. at 245-46. She argued that
states were not required to provide higher cognitive skills because most voters make up their minds without reading ballot
propositions, so the analytical skills necessary to fully understand such documents was a non-issue. Id. at 246.
140 Campaign for Fiscal Equity, 100 N.Y.2d. 893, 906 (2003).
141 Campaign for Fiscal Equity v. State, 719 N.Y.S.2d at 485.
142 Campaign for Fiscal Equity, 100 N.Y.2d at 908.
143 Id. at 934-40.
144 Id. at 905-6.

145 Id. at 906.

146 N.Y. Educ. Law §211 (2007). See also, New York State Board of Regents, P-16 Education: A Plan for State Action, aim 6
(2006), available at http://usny.nysed.gov/summit/p-16ed.htm.
147 The State revised its funding formula by collapsing all aid streams into a single formula that prioritizes funding distribution
based upon student need. Campaign for Fiscal Equity, 2007-2008 Enacted Education Budget Legislation (2007), available at
http://www.cfequity.org/. CFE estimates that the targeted aid will get much needed dollars to schools and students in greatest
need. Id.
148 Id.
149 The contracts must prioritize smaller class size, teacher and principal quality, full-day pre-kindergarten, time on task, and
high school/middle school restructuring. Id.
150 New York State has supported its vocational and technical education by continued improvement of curriculum standards that
incorporate employee skills and industry standards. The recent learning standards for Career Development and Occupational
Studies, however, only align with the New York State Regents Design/Examinations for English Language Arts, Living
Environment, Global History, Geography, US History, and Government Studies. Mathematics and Science alignment have
yet to be achieved. See Career Development and Occupational Studies (CDOS) Resource Guide with Core Curriculum,
available at http:// www.emsc.nysed.gov/cte/cdosresourceguidepdffiles2002.htm (cataloguing the CDOS core curriculum).
New York has committed to requiring the same foundational graduation requirements for all students, regardless if they
are enrolled in a general high school or a technical prep program. N.Y. Comp. Codes R. & Regs. tit. 8, § 100.5(a)(1); Id. at
100.5(b)(7)(iv).
151 Campaign for Fiscal Equity, The 2007-08 New York State Education Budget and Reform Law And What It Means for Your
School District 10 (2007).
152 Career technical education programs must integrate academics, current industry standards, provide work-based learning
opportunities, and confirm to NCLB certification standards. Katherine L. Hughes, Toward Better Outcomes: Lessons from
New York and National Research, in Remaking Career and Technical Education for the 21st Century: What Role for High
School Programs 41, 41 (Richard Kazis ed., 2005).
153 Brand, supra note 30, at 1 (“33 percent of adults receive a bachelor's degree, the remainder needs other avenues and choices
to gain the technical and occupational skills and further education to be successful in the workforce.”).
154 Remarks at Career and Technical Education's Role in High School Reform (May 19, 2006), available at http:// www.aypf.org/
forumbriefs/2006/fb051906.htm (summary and webcast of panel discussion examining how career technical education can
help decrease the number of students who drop out of high school or who graduate without the skills and knowledge needed
to succeed in college or the workforce). Mentorship was noted as an essential element of young people's education and both
a catalyst and a key to youth development success. See American Youth Policy Forum, Looking Forward: School to Work
Principles and Strategies for Sustainability 18 (2000) (“One of the most consistent findings from the literature on youth
development is that young people need adults involved meaningfully throughout their development - as teachers, mentors,
supervisors, coaches, counselors, relatives, religious leaders, etc. - in order to make a successful transition from youth to
adulthood.”).
155 Remarks at Employer-School Partnerships: Role of Education in Workforce and Economic Development (July 22, 2005),
available at http:// www.aypf.org/forumbriefs/2005/fb072205.htm (summary and webcast of panel discussion highlighting two
effective career preparation and workforce development programs).
156 National Employer Leadership Council, supra note 77, at 8-15 (1999) (study showed that school-to-work programs reduced
recruitment costs; reduced training and supervision costs; reduced turnover; increased moral; increased adult worker
productivity; and increased diversity).
157 Barlow, supra note 7, at 65.

Engineering Courses; Creating a Work Force, Wall St. J., Mar. 6, 2008 (discussing school-business partnerships created by
Lockheed Martin, Rolls-Royce PLC, Intel Corp., and Deloitte LLP to address severe worker shortages). National business
associations are also heavily involved in school reform efforts that encourage school-business partnerships. The National
Employer Leadership Council, the National Alliance of Business, the American Business Conference, the Committee for
Economic Development, the Council of Growing Companies, the National Association of Manufacturers and the U.S.
Chamber of Commerce endorse such programs.
159 See Amy Bell Johnson et al., The Lansing Area Manufacturing Partnership: A School-to-Success Story (2001) (discussing the
structure of the program, the courses offered and its impacts).
160 Working for America, Advanced Manufacturing Workforce Strategies Tool Kit 88-93 (2006), available at http://
www.workingforamerica.org/toolkit/toolkitprogram2.pdf.
161 Remarks at Employer-School Partnerships: Role of Education in Workforce and Economic Development (July 22, 2005),
available at http:// www.aypf.org/forumbriefs/2005/fb072205.htm.
162 S. Rep. no. 106-260, at 14.
163 Id.
164 In 1999, the Gates Foundation gave $350 million to help student achievement and $25 million to the Alliance for Education
and Seattle public schools. Sen. Rep. no. 106-260, at 15. From 1998-2001, Microsoft also gave more than $173 million to help
organizations provide technology access to underserved communities. And, “[i]n cooperation with Bill and Melinda Gates
Foundation, Microsoft is also contributing $200 million in software, matched by the Foundation's $200 million to provide
technology access to libraries. Microsoft has supported the training of more than 1 million teachers in the use of technology.”
Id.
165 See the Bill & Melinda Gates Foundation website, available at http://www.gatesfoundation.org (discussing the foundation's
Early College High School Grants, funds to State Education Agencies in Ohio, Massachusetts, Texas and California to
improve curriculum standards and support of the National Governors Association, the National League of Cities and the
National Conference of State Legislatures for political mobility on high school reform issues).
166 While corporations are investing in the K-12 system, many are also investing at both the employee and university level. Ford
maintains a historical commitment to African-American colleges and universities. S. Rep. No. 106-260, at 15.
Engineering Courses; Creating a Work Force, Wall St. J., Mar. 6, 2008 (discussing how Lockheed Martin “estimates that
about half of its science- and engineering-based work force will be retiring in the next decade... .” and how college freshmen
that intend to major in engineering are at the lowest levels since the 1970s).
168 S. Rep. No. 106-260, at 16.
169 No Child Left Behind Act of 2001, Pub. Law 107-110 (codified as amended in scattered sections of 20 U.S.C.).
170 Id. (purpose of NCLB Act found at 20 U.S.C. § 6301).
171 20 U.S.C. § 6492.
172 20 U.S.C. § 7267(d)(c).
173 20 U.S.C. § 6535(e).
174 Hannah Goff, McDonald's Serves up ‘Diplomas', BBC News, Jan. 28, 2008, http://news.bbc.co.uk/2/hi/uk_news/
education/7209276.stm; Nicola Woolcock and Francis Elliott, McDonald's A Level in Running a Burger Bar, Times (London),
Jan. 28, 2008 (discussing the program's goal of expanding apprenticeships raising employee skill level); Alexandra Frean, You
Want Fries with That? No, Just a Brighter Future, Times (London), Jan. 29, 2008. Prime Minister Gordon Brown has called
for such programs because the “biggest barrier to full employment is now not the shortage of jobs but the shortage of skills

among the unemployed and inactive.” Gordon Brown, Prime Minister of the United Kingdom of Great Britain and Northern
Ireland, Speech on Expansion of Apprenticeships (Jan. 28, 2008).
175 McDonald's will offer shift management courses that will train staff in marketing, human resources, and customer service
skills. Network Rail will offer classes in track engineering and Flybe will lead courses in aircraft engineering and cabin crew
training. Nicola Woolcock and Francis Elliott, McDonald's A Level in Running a Burger Bar, Times (London), Jan. 28, 2008.
176 Department for Work and Pensions, Ready to Work, Skilled for Work: Unlocking Britain's Talent 9 (2008), available at
http:// www.dius.gov.uk/publications/ready_to_work.pdf.
177 See generally 20 U.S.C. §6318.
178 Id. at (a)(2)(A)(B)(C).
179 Power Point Presentation, Delaware Department of Education, Delaware Student Success Plan (2007) (on file with author).
180 14 Del. Code Regs. §505 (4.1).
181 Id. at §505 (4.2)
182 Delaware Department of Education, Reaching Higher for Student Success - “Yes You Can.”, available at http://
www.doe.state.de.us/programs/rhss/default.shtml.
183 Id.
184 Massachusetts Business Alliance for Education, supra note 131, at 1 (2006).
185 Id. at 4.
186 Id. at 14-16.
187 Massachusetts Scholars Program is implementing their model at Assabet Valley Regional Technical High School, Burlington
High School, Chicopee High School, Chicopee Comprehensive High School, and North High School. Program is explained
at the organizational website, available at http:// www.mastatescholars.org/links.htm.
51 HOWLJ 819
End of Document © 2018 Thomson Reuters. No claim to original U.S. Government

Works.

The Inadequate Resume of School Education Plans

Enviado por

Dados do documento

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

The Inadequate Resume of School Education Plans

Enviado por

Direitos autorais:

Formatos disponíveis

THE INADEQUATE RESUME OF SCHOOL EDUCATION PLANS, 51 How. L.J.

51 How. L.J. 819

Howard Law Journal

Copyright (c) 2008 Howard University School of Law; Nina R. Frant

THE INADEQUATE RESUME OF SCHOOL EDUCATION PLANS

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 1

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 2

A. The Goal of Vocational Education, a Basic Summary

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 3

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 4

B. The Cost of Inadequate Workforce Preparedness

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 5

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 6

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 7

II: THE INTEGRAL ROLE OF WORKFORCE PREPARATION IN AN ADEQUATE EDUCATION

A. Adequacy: A Legal Strategy

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 8

B. Recent Adequacy Cases

1. Hoke County Board of Education v. State

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 9

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 10

3. Campaign for Fiscal Equity v. State

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 11

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 12

C. Workforce Development Is Integral to Adequacy

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 13

A. Successful Private Programs

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 14

B. Federal Legislation Supporting Business Involvement in School Reform

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 15

C. State Remedies Addressing Workforce Preparedness

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 16

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 17

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 18

5 The New Age of Technology, Techniques, Feb. 2002, at 42.

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 19

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 20

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 21

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 22

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 23

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 24

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 25

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 26

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 27

126 Hancock v. Commissioner, 443 Mass. 428, 433 (2005).

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 28

145 Id. at 906.

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 29

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 30

End of Document © 2018 Thomson Reuters. No claim to original U.S. Government

© 2018 Thomson Reuters. No claim to original U.S. Government Works. 31

Você também pode gostar