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Stop Making a Federal Case Out of Education: A Constiutional Right to Learn After Rodriguez (1973) and Parents Involved (2007)
Author: Daniel S. Greenspahn
Published: 59 S.C. L. Rev. 755 (2008) Following the Supreme Court’s 2007 decision limiting race-conscious school integration plans, advocates and elected officials have argued about the next steps towards ensuring a quality education for every student. One possibility is to pursue a federal right to education. For thirty five years reformers have brought school funding lawsuits in state courts believing that the Supreme Court closed the door to a federal right to education in San Antonio v. Rodriguez. This article corrects that misunderstanding by demonstrating that Rodriguez, and subsequent developments such as the No Child Left Behind Act, make a federal right to education possible. The article provides the contours of a viable Fourteenth Amendment right to learn that is consistent with Rodriguez. Unlike some proponents, however, this article urges advocates not to pursue a federal right to education at this time. Federal courts have recently weakened constitutional protections in schools in a wide array of areas, including desegregation, funding, speech, and privacy. The article concludes that the lure of a federal right should not distract advocates from continuing to use state courts to ensure that community leaders provide the resources students and schools require.
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