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Book
A Federal Right to Education : Fundamental Questions for Our Democracy
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ISBN: 1479872776 1479893285 Year: 2019 Publisher: New York : New York University Press

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Abstract

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. 0This 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.

Keywords

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

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