A Federal Right to Education Fundamental Questions for Our Democracy / Kimberly Jenkins Robinson.

Format:

Book

Contributor:

Robinson, Kimberly Jenkins.

Language:

English

Subjects (All):

Right to education--United States.

Right to education.

Educational equalization--Law and legislation--United States.

Educational equalization.

Genre:

Essays.

Physical Description:

1 online resource (279 pages)

Place of Publication:

New York : New York University Press 2019.

Summary:

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.

Contents:

Frontmatter

Contents

Foreword. "The Whole People Must Take Upon Themselves the Education of the Whole People"

Introduction. The Essential Questions Regarding a Federal Right to Education

Part I. Why the United States Should (or Should Not) Consider Recognizing a Federal Right to Education

1. The Justifications for a Stronger Federal Response to Address Educational Inequalities

2. The Inadequate Right to Education: A Case Study of Obstacles to State Protection

3. Doctrine, Politics, and the Limits of a Federal Right to Education

4. Latina/os and a Federal Right to Education

Part II. How the United States Could Recognize a Federal Right to Education

5. Implying a Federal Constitutional Right to Education

6. Education for Sovereign People

7. A Congressional Right to Education: Promises, Pitfalls, and Politics

8. No Time to Lose: Why the United States Needs an Education Amendment to the US Constitution

Part III. What a Federal Right to Education Should Guarantee

9. Assuring Essential Educational Resources through a Federal Right to Education

10. The Constitution of Opportunity: Democratic Equality, Economic Inequality, and the Right to Compete

11. Lessons from State School Finance Inform a New Federal Right to Equal Access to a High- Quality Education

12. Protecting a Federal Right to Educational Equality and Adequacy

Conclusion. An American Dream Deferred: A Federal Right to Education

Afterword

Acknowledgments

About the Editor

About the Contributors

Index

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-4798-7277-6

OCLC:

1273306085