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A Federal Right to Education

Fundamental Questions for Our Democracy

Kimberly Jenkins Robinson (Hrsg.)

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NYU Press img Link Publisher

Sozialwissenschaften, Recht, Wirtschaft / Recht

Beschreibung

How the United States can provide equal educational opportunity to every child

The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court.

This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

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Schlagwörter

libertystate constitutional rights, constitutional interpretation, civic participation, state fiscal equity litigation, adequate education, educational opportunity gaps, sovereignty, equal education, federal right to education, Latinas, Spending Clause, evidence-based reforms, state constitutions, federal government, constitutional amendment, high-quality education, achievement gaps, achievement gap, at-risk students, equal opportunity, Constitution, federal role in education, privileges and immunities, right to education, segregation, fiscal capacity, Supreme Court, equal protection, American dream, substantive due process, opportunity to compete, educational opportunity, equal educational opportunity, Education Amendment, opportunity gap, state school finance litigation, education federalism, originalism, state education chiefs, excellent and equitable educational opportunity, equal citizenship, education inequality, state courts, political will, state legislatures, adequacy litigation, federal education legislation, education inadequacies, equal access to an excellent education, Latinos, opportunity gaps, just society, equal liberty, criminal justice