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The distribution of in‐person public K‐12 education in the time of COVID: An empirical perspective

Michael Heise

Journal of Empirical Legal Studies, 2023, vol. 20, issue 2, 305-338

Abstract: In response to the COVID‐19 pandemic, most schools across the United States abruptly transitioned to remote, virtual learning in the spring of 2020. For the 2020–2021 school year, however, public school districts' instructional mode decisions (in‐person, hybrid, and remote) varied across districts and throughout the school year. This study focuses on factors that informed school districts' instructional mode decisions and how student access to in‐person instruction, in turn, distributed across districts and students (and their families). Levering the leading nationwide data set gathered by the COVID‐19 School Data Hub (“CSDH”), supplemented by district per‐pupil spending information as well as various state‐level data, this study analyzes the percentage of in‐person instruction for the 2020–2021 school year offered by 11,063 regular public school districts from 42 states. Core findings underscore that school districts with Republican governors and in rural areas provided comparably more in‐person schooling. Conversely, school districts with higher enrollments and higher percentages of underrepresented minority students provided less. Furthermore, COVID‐19‐related death rates and the likelihood of in‐person schooling were positively related. These findings, while mixed, nonetheless raise troubling equal educational opportunity doctrine questions.

Date: 2023
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