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MICHIGAN

 

East Jackson Public Schools v. State of Michigan, 133 Mich. App. 132, 348 N.W.2d 303 (Mich. Ct. App. 1984).

Twenty school districts and their respective students brought an action challenging the state’s system of school finance.  The Michigan Court of Appeals held that education is not a fundamental right under the state constitution, that the state's obligation to provide a system of free public education is “is not synonymous with the claimed obligation to provide equal educational (financial) support,” 133 Mich. App. at 138, 348 N.W.2d at 306, and that the school financing system did not deny the students equal protection of the laws.  The Court further held that plaintiff school districts lacked standing to raise the constitutional issues involved in this case (the claim that the state’s system of school funding violated the equal protection clause of the state constitution) on their own behalf or on behalf of their students.

 

Milliken v. Green, 390 Mich. 389, 212 N.W.2d 711 (Mich. 1973).

The Michigan Supreme Court rejected plaintiffs’ claim that the state’s system of school finance, which resulted in inequality in per-pupil expenditure among districts, violated the equal protection clause of the state constitution.