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| constitutional right to education: A Federal Right to Education Kimberly Jenkins Robinson, 2023-06-13 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. |
| constitutional right to education: The Schoolhouse Gate Justin Driver, 2019-08-06 A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again. |
| constitutional right to education: Quality Education as a Constitutional Right Theresa Perry, Robert P. Moses, Ernesto Cortes, Jr., Lisa Delpit, Joan T. Wynne, 2010-10-13 In 2005, famed civil rights leader and education activist Robert Moses invited one hundred prominent African American and Latino intellectuals and activists to meet to discuss a proposal for a campaign to guarantee a quality education for all children as a constitutional right—a movement that would “transform current approaches to educational inequity, all of which have failed miserably to yield results for our children.” The response was passionate, and the meeting launched a movement. This book—emerging directly from that effort—reports on what has happened since and calls for a new scale of organizing, legal initiatives, and public definitions of what a quality education is. Essays include · Robert Moses’s historically rooted call for citizens, especially young people, to make the demand for quality education · Ernesto Cortés’s view from decades of work organizing Latino communities in Texas · Charles Payne’s interview with students from the Baltimore Algebra Project, who organized to make historic demands on their district · Legal scholar Imani Perry’s nuanced analysis of the prospects of making a case for quality education as a right guaranteed by the Constitution · Perspectives from scholars Lisa Delpit and Joan T. Wynne, and by teachers Alicia Caroll and Kim Parker, who provide examples of what quality education is, describing its goal, and how to guide practice in the meantime |
| constitutional right to education: Freedom and the Court Henry Julian Abraham, 1977 |
| constitutional right to education: Human Rights and Equality in Education Fredman, Sandra, Campbell, Meghan, 2018-06-20 Thousands of children from minority and disadvantaged groups will never cross the threshold of a classroom. What can human rights contribute to the struggle to ensure that every learner is able to access high quality education? This brilliant interdisciplinary collection explores how a human rights perspective offers new insights and tools into the current obstacles to education. It examines the role of private actors, the need to hold states to account for the quality of education, how to strike a balance between religion, culture and education, the innovative responses needed to guarantee girls’ right to education and the role of courts. This unique book draws together contributors who have been deeply involved in this field from both developing and developed countries which enriches the understanding and remedial approaches to tackle current obstacles to universal education. |
| constitutional right to education: Revolution of the Right to Education A. Reis Monteiro, 2021-07-19 In Revolution of the Right to Education, A. Reis Monteiro offers an interdisciplinary and topical introduction to the International Education Law, broadly defined, striving to explain why the normative integrity of the right to education carries far-reaching revolutionary significance. |
| constitutional right to education: Education Law Derek Black, Robert A. Garda, John E. Taylor, Emily Gold Waldman, 2021-01-31 The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual |
| constitutional right to education: Advancing Equality Jody Heymann, Aleta Sprague, Amy Raub, 2020-01-14 In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. |
| constitutional right to education: Students' Rights Kate Burns, 2006-09-22 According to the ACLU, students do not lose their constitutional rights, including free speech and privacy, when they enter school. In recent years, some educators have monitored students' activities on and off campus via e-learning software. This necessary edition investigates the issue of student's rights. Chapters cover the right to education without discrimination, freedom of speech, the rights of a student press, religious liberties in school, and a student's right to privacy. |
| constitutional right to education: Achieving High Educational Standards for All National Research Council, Division of Behavioral and Social Sciences and Education, 2002-04-11 This volume summarizes a range of scientific perspectives on the important goal of achieving high educational standards for all students. Based on a conference held at the request of the U.S. Department of Education, it addresses three questions: What progress has been made in advancing the education of minority and disadvantaged students since the historic Brown v. Board of Education decision nearly 50 years ago? What does research say about the reasons of successes and failures? What are some of the strategies and practices that hold the promise of producing continued improvements? The volume draws on the conclusions of a number of important recent NRC reports, including How People Learn, Preventing Reading Difficulties in Young Children, Eager to Learn, and From Neurons to Neighborhoods, among others. It includes an overview of the conference presentations and discussions, the perspectives of the two co-moderators, and a set of background papers on more detailed issues. |
| constitutional right to education: We are an African People Russell John Rickford, 2016 A history of black independent schools as the forge for black nationalism and a vanguard for black sovereignty in the 1960s and 70s. |
| constitutional right to education: Children's Constitutional Rights in the Nordic Countries Trude Haugli, Anna Nylund, Randi Sigurdsen, Lena R. L. Bendiksen, 2020 This study explores whether and how enshrining children's rights in national constitutions improves implementation and enforcement of those rights by comparing Danish, Finnish, Icelandic, Norwegian and Swedish law. |
| constitutional right to education: Rights of Students David L. Hudson, 2009 Is it fair to restrict certain students' rights in order to make schools safer? |
| constitutional right to education: How Rights Went Wrong Jamal Greene, 2021 An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. |
| constitutional right to education: Looking for Rights in All the Wrong Places Emily Zackin, 2013-04-21 Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition. |
| constitutional right to education: Brown V. Board of Education Robert J. Cottrol, Raymond T. Diamond, Leland Ware, 2003 Tracing the litigations, highlighting the pivotal role of the NAACP, and including incisive portraits of key players, this book simply but powerfully shows that Brown not only changed the national equation of race and caste, it also changed our view of the Court's role in American life. |
| constitutional right to education: Radical Equations Robert Moses, Charles E. Cobb, 2002-06-10 The remarkable story of the Algebra Project, a community-based effort to develop math-science literacy in disadvantaged schools—as told by the program’s founder “Bob Moses was a hero of mine. His quiet confidence helped shape the civil rights movement, and he inspired generations of young people looking to make a difference”—Barack Obama At a time when popular solutions to the educational plight of poor children of color are imposed from the outside—national standards, high-stakes tests, charismatic individual saviors—the acclaimed Algebra Project and its founder, Robert Moses, offer a vision of school reform based in the power of communities. Begun in 1982, the Algebra Project is transforming math education in twenty-five cities. Founded on the belief that math-science literacy is a prerequisite for full citizenship in society, the Project works with entire communities—parents, teachers, and especially students—to create a culture of literacy around algebra, a crucial stepping-stone to college math and opportunity. Telling the story of this remarkable program, Robert Moses draws on lessons from the 1960s Southern voter registration he famously helped organize: “Everyone said sharecroppers didn't want to vote. It wasn't until we got them demanding to vote that we got attention. Today, when kids are falling wholesale through the cracks, people say they don't want to learn. We have to get the kids themselves to demand what everyone says they don't want.” We see the Algebra Project organizing community by community. Older kids serve as coaches for younger students and build a self-sustained tradition of leadership. Teachers use innovative techniques. And we see the remarkable success stories of schools like the predominately poor Hart School in Bessemer, Alabama, which outscored the city's middle-class flagship school in just three years. Radical Equations provides a model for anyone looking for a community-based solution to the problems of our disadvantaged schools. |
| constitutional right to education: Constitutional Rights and Student Life Frank R. Kemerer, Kenneth L. Deutsch, 1979 |
| constitutional right to education: The Right to Privacy Samuel D. Brandeis, Louis D. Warren, 2018-04-05 Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis |
| constitutional right to education: Alaska's Constitution Alaska Legislative Affairs Agency, 2013 |
| constitutional right to education: Schoolhouse Burning Derek W. Black, 2020-09-22 The full-scale assault on public education threatens not just public education but American democracy itself. Public education as we know it is in trouble. Derek W. Black, a legal scholar and tenacious advocate, shows how major democratic and constitutional developments are intimately linked to the expansion of public education throughout American history. Schoolhouse Burningis grounded in pathbreaking, original research into how the nation, in its infancy, built itself around public education and, following the Civil War, enshrined education as a constitutional right that forever changed the trajectory of our democracy. Public education, alongside the right to vote, was the cornerstone of the recovery of the war-torn nation. Today's current schooling trends -- the declining commitment to properly fund public education and the well-financed political agenda to expand vouchers and charter schools -- present a major assault on the democratic norms that public education represents and risk undermining one of the unique accomplishments of American society. |
| constitutional right to education: Cato Handbook for Policymakers Cato Institute, David Boaz, 2008 Offers policy recommendations from Cato Institute experts on every major policy issue. Providing both in-depth analysis and concrete recommendations, the Handbook is an invaluable resource for policymakers and anyone else interested in securing liberty through limited government. |
| constitutional right to education: Human Rights, Constitutional Law and Belonging Elena Drymiotou, 2018-04-19 While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory. |
| constitutional right to education: A Political Education Elizabeth Todd-Breland, 2018-10-03 In 2012, Chicago's school year began with the city's first teachers' strike in a quarter century and ended with the largest mass closure of public schools in U.S. history. On one side, a union leader and veteran black woman educator drew upon organizing strategies from black and Latinx communities to demand increased school resources. On the other side, the mayor, backed by the Obama administration, argued that only corporate-style education reform could set the struggling school system aright. The stark differences in positions resonated nationally, challenging the long-standing alliance between teachers' unions and the Democratic Party. Elizabeth Todd-Breland recovers the hidden history underlying this battle. She tells the story of black education reformers' community-based strategies to improve education beginning during the 1960s, as support for desegregation transformed into community control, experimental schooling models that pre-dated charter schools, and black teachers' challenges to a newly assertive teachers' union. This book reveals how these strategies collided with the burgeoning neoliberal educational apparatus during the late twentieth century, laying bare ruptures and enduring tensions between the politics of black achievement, urban inequality, and U.S. democracy. |
| constitutional right to education: How Constitutional Rights Matter Adam S. Chilton, Mila Versteeg, 2020 Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice. |
| constitutional right to education: Constitutional Law Stories Michael C. Dorf, 2009 Dorf's Constitutional Law Stories provides a student with an understanding of 15 leading U.S. constitutional law cases. It focuses on how lawyers, judges, and socioeconomic factors shaped the litigation, and why the cases have attained landmark status. This book is suitable for adoption as a supplement in an introductory constitutional law course or as a text for an advanced seminar. |
| constitutional right to education: The Constitution in the Classroom Stu Woolman, Brahm Fleisch, 2009 About the publication The law on education and educational practices in South Africa would exhaust the capacity of any meaningful monograph. Instead, the authors of this book engage six discrete topics that refl ect the broader currents and conflicts in South African education debates: (a) school choice; (b) school fees; (c) the right to an adequate basic education; (d) single medium public schools; (e) school governing bodies; and (f) independent schools. The book has two further aims. First: To move beyond the debates taking place separately in the education policy community and the legal academy, and to demonstrate how these disciplines, working in concert with each other, can advance our understanding of law and education in South Africa. Second: To show that the ANC's complex education agenda must mirror the egalitarian, utilitarian, democratic, and communitarian commitments found within the Constitution. How these competing political claims refl ected in our basic law play themselves out in the enabling education legislation, the case law and government education policy, frames each topic assayed in this work. About the editor: Stu Woolman is the Academic Director at the South Africa Institute for Advanced Constitutional, Public, Human Rights and International Law. Brahm Fleisch is Associate Professor in the Division of Education Leadership and Policy Studies in Wits School of Education. |
| constitutional right to education: A Right to Lie? Catherine J. Ross, 2021-11-30 Do the nation's highest officers, including the President, have a right to lie protected by the First Amendment? If not, what can be done to protect the nation under this threat? This book explores the various options. |
| constitutional right to education: Education Law, Policy, and Practice Michael J. Kaufman, Sherelyn R. Kaufman, 2022-01-31 This casebook challenges students to question the political and philosophical assumptions underlying education law, and promotes a depth of understanding about the key cases and statutes. Challenging students to question the political and philosophical assumptions underlying the law, Education Law, Policy, and Practice promotes a depth of understanding about the key cases and statutes. The authors integrate the law with policy and practice, following related political, financial, and practical issues. The law is presented through a teachable mix of key cases and materials on the practice and political aspects of school law, and an effective macro-organization helps place topics into an integrated framework. Each of the major issues in education law is discussed at length:the boundaries of public and private, church and state, relations; school governance and the tensions between federal power and local control; the rights and responsibilities of students and teachers; and the educational environment and its liabilities. “Practicums” in each section allow students to apply the law to realistic situations. New to the Fifth Edition: Key new Supreme Court case law and corresponding notes, questions, and practical exercises regarding: Free exercise of religion in school and in school finance First Amendment rights of students to freedom of expression over social media (e.g. Mahanoy Area School District v. B.L.) Exploration of the myriad structures within education law, policy, and pedagogy that generate and sustain racism, racial subjugation, and racial segregationU Updated data regarding racial segregation in schools, and racial disparities in funding and discipline Updated Executive Orders and Department of Education guidance regarding sexual harassment, sexual violence, and transgender rights Fresh practical exercises based on real scenarios in school districts Compact length—by realigning coverage to the most salient contemporary issues in law and policy |
| constitutional right to education: Education Law Derek Black, Robert A. Garda, John E. Taylor, Emily Gold Waldman, 2021-01-31 The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual |
| constitutional right to education: The Constitutional Parent Jeffrey Shulman, 2014-07-01 In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman’s illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility—as a sacred trust, not a sacred right—we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state. |
| constitutional right to education: Encyclopedia of Education Law Charles J. Russo, 2008-06-27 CHOICE Outstanding Academic Title for 2009 A welcome addition to any public or academic library, this set would also be of use in a law library where educational law might need to be explored and reviewed at a more basic level than other legal texts. —Sara Rofofsky Marcus, Queensborough Community Coll., Bayside, NY Smaller educational legal summaries exist, and a couple of texts deal with Supreme Court cases about education, but this set provides a unique combination of general educational legal issues and case-specific information. It should be a welcome addition to academic and large public libraries. Also available as an ebook. — Booklist The Encyclopedia of Education Law is a compendium of information drawn from the various dimensions of education law that tells its story from a variety of perspectives. The entries cover a number of essential topics, including the following: Key cases in education law, including both case summaries and topical overviews Constitutional issues Key concepts, theories, and legal principles Key statutes Treaties (e.g., the Universal Declaration on Human Rights) Curricular issues Educational equity Governance Rights of students and teachers Technology Biographies Organizations In addition to these broad categories, anchor essays by leading experts in education law provide more detailed examination of selected topics. The Encyclopedia also includes selections from key legal documents such as the Constitution and federal statutes that serve as the primary sources for research on education law. At the same time, since education law is a component in a much larger legal system, the Encyclopedia includes entries on the historical development of the law that impact on its subject matter. Such a broadened perspective places education law in its proper context in the U.S. legal system. |
| constitutional right to education: The Freedom to Read American Library Association, 1953 |
| constitutional right to education: On Equal Terms Douglas S. Reed, 2021-03-09 Since Brown v. Board of Education and the desegregation battles of the 1960s and 1970s, the legal pursuit of educational opportunity in the United States has been framed largely around race. But for nearly thirty years now, a less-noticed but controversial legal campaign has been afoot to equalize or improve the resources of poorly funded schools. This book examines both the consequences of efforts to use state constitutional provisions to reduce the resource segregation of American schools and the politics of the opposition to these decisions. On Equal Terms compares the relative success of school finance lawsuits to the project of school desegregation and explores how race and class present sharply different obstacles to courts. Since a 1973 U.S. Supreme Court decision that effectively deferred to the states in the matter of educational equity, about a third of state judiciaries have mandated reform of state-level educational funding systems. Douglas Reed analyzes both the rhetoric of reform and the varying effects of these controversial decisions while critiquing the courts' failure to more clearly define educational equity. Well-written with keen insight throughout, the book concludes with an intriguing policy proposal that acknowledges obstacles to such efforts. This proposal aims to enhance education by fostering racial and economic integration locally. Setting the stage for a more coherent debate on this controversial issue and expanding our understanding of constitutional design, On Equal Terms will have far-reaching implications for law, public policy, politics, and not least, the future of American education. |
| constitutional right to education: Cornerstone of Liberty Timothy Sandefur, 2006-10-25 The right to own and use private property is among the most essential human rights and the essential basis for economic growth. That’s why America’s Founders guaranteed it in the Constitution. Yet in today’s America, government tramples on this right in countless ways. Regulations forbid people to use their property as they wish, bureaucrats extort enormous fees from developers in exchange for building permits, and police departments snatch personal belongings on the suspicion that they were involved in crimes. In the case of Kelo v. New London, the Supreme Court even declared that government may seize homes and businesses and transfer the land to private developers to build stores, restaurants, or hotels. That decision was met with a firestorm of criticism across the nation. In this, the first book on property rights to be published since the Kelo decision, Timothy Sandefur surveys the landscape of private property in America’s third century. Beginning with the role property rights play in human nature, Sandefur describes how America’s Founders wrote a Constitution that would protect this right and details the gradual erosion that began with the Progressive Era’s abandonment of the principles of individual liberty. Sandefur tells the gripping stories of people who have found their property threatened: Frank Bugryn and his Connecticut Christmas-tree farm; Susette Kelo and the little dream house she renovated; Wilhelmina Dery and the house she was born in, 80 years before bureaucrats decided to take it; Dorothy English and the land she wanted to leave to her children; and Kenneth Healing and his 17-year legal battle for permission to build a home. Thanks to the abuse of eminent domain and asset forfeiture laws, federal, state, and local governments have now come to see property rights as mere permissions, which can be revoked at any time in the name of the “greater good.” In this book, Sandefur explains what citizens can do to restore the Constitution’s protections for this “cornerstone of liberty.” |
| constitutional right to education: Educational Policy and the Law David L. Kirp, Mark G. Yudof, 1974 |
| constitutional right to education: Brown v. Board of Education James T. Patterson, 2001-03-01 2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, I was so happy, I was numb. The novelist Ralph Ellison wrote, another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children! Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954? |
| constitutional right to education: The Teacher Wars Dana Goldstein, 2015-08-04 NEW YORK TIMES BESTSELLER • A groundbreaking history of 175 years of American education that brings the lessons of the past to bear on the dilemmas we face today—and brilliantly illuminates the path forward for public schools. “[A] lively account. —New York Times Book Review In The Teacher Wars, a rich, lively, and unprecedented history of public school teaching, Dana Goldstein reveals that teachers have been embattled for nearly two centuries. She uncovers the surprising roots of hot button issues, from teacher tenure to charter schools, and finds that recent popular ideas to improve schools—instituting merit pay, evaluating teachers by student test scores, ranking and firing veteran teachers, and recruiting “elite” graduates to teach—are all approaches that have been tried in the past without producing widespread change. |
| constitutional right to education: The Broken Constitution Noah Feldman, 2021-11-02 A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations |
| constitutional right to education: Vermont School Laws Vermont, 1915 |
The Right to Education in the United States and Abroad: A …
The Constitutional Right to Education Around the World According to “The Learning Curve,” an index created by the Pearson Publishing Company to evaluate academic achievement …
Constitutional Approaches to the Right to Education - UCLA …
Constitutional Approaches to the Right to Education At the same time, 59 million primary school-age children remain out of school globally, due to barriers including poverty and discrimination …
50-STATE DIG IN. REVIEW - Education Commission of the States
The following table is a 50-state overview of the constitutional foundation for public education in each state. It includes the location of the foundational language, which is hyperlinked to that …
A Constitutional Right to an Education: Revisited
In 1973, the Supreme Court in San Antonio Independent School District v. Rodriguez held that there is no constitutional right to an education or to equally funded schools. Since Rodriguez, …
Constitutional Right to an Education - tile.loc.gov
Dec 1, 2014 · I. Constitutional Provision on the Right to Education The 1982 Constitution of the People’s Republic of China (PRC or China) declares that citizen a has not only the right, but …
THE RIGHT TO EDUCATION: STATES RECOGNIZE IT AND SO …
This Article argues that the fundamental right to education can, and should be, found within the United States Constitution under either the Fifth and Fourteenth Amendment Due Process …
The misguided right to education - Fordham University
constitutional right to educa-tion. Perhaps most notably, University of South Carolina law professor Derek W. Black (2018) has taken the baton from Thurgood Marshall and identified a …
Constitutional Rights and Education: An International …
We investigate whether the inclusion of social rights in political constitutions affects social performance. More specifically, we analyze whether including the right to education in the …
The Constitutional Right to an Education - Springer
The Universal Declaration of Human Rights states that everyone “has the right to an education” (Article 26). That the right is not universally recognized should not surprise. What may surprise …
The Fundamental Right to Education - University of Notre Dame
To recognize a fundamental right to education, the Court would have to overcome two basic problems. First, the Court needs an originalist theory for why our Constitution protects educa …
A Constitutional Right to a High-Quality Public Education
A Constitutional Right to a High-Quality Public Education . By Nina Rees June 2020. Key Points • There are three reasons conservatives should support making access to a high-quality public …
A Constitutional Right at the State and Federal Level to a Fully ...
statutory right to an education, and has constructed law around education as a fundamental right of citizens, at least until the age of adulthood. In 1948, the United Nations, under Article 26, …
Education’s Deep Roots: Historical Evidence for the Right to a …
U.S. Constitution protects a right to some amount of education. While such a right is not specifically enumerated in the Constitution, advocates have long argued for the existence of an …
Right to Education - Constitutional Perspective - ijrar.org
The right to education flows directly from right to life. The right to life under Art.21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education.
Constitutional rights to education and their relationship to …
Constitutions can also establish critical protections of equity and non-discrimination in education. This article provides the first assessment of how constitutional rights to education vary around …
Education Clauses in State Constitutions Across the United …
Florida’s constitutional education clause is currently the strongest in the country – it recognizes education as a fundamen- tal value, requires the state to provide high-quality education, and …
STUDENTS' CONSTITUTIONAL RIGHT TO A SOUND BASIC …
The series includes an overview entitled, A Roadmap to Constitutional Compliance Ten Years after CFE v. State, and three specific proposals: Filling the Regulatory Gaps, the revisions to …
SUPREME COURT OF THE UNITED STATES
3 days ago · laws, the Individuals with Disabilities Education Act (IDEA), 84 Stat. 175, as amended, 20 U. S. C. §1400 et seq., “offers federal funds to States in exchange for a commit …
The Public Right to Education - University of Chicago Law …
Public education is “the most important function of state and local govern-ment” and yet not a “fundamental right or liberty.” This Article engages one of con-stitutional law’s most intractable …
How Constitutions Around the World Address the Rights to …
education—is essential for advancing equal rights in practice, and ensuring all people have the opportunity to fully participate in society Constitutions can provide a powerful foundation for …
Education is a Fundamental Right - Loyola University Chicago
cases aim to establish a fundamental right to education by arguing the notion that all citizens have a right to an education that will adequately prepare them to participate in democracy."
The Right to Education in the United States and Abroad: A …
The Constitutional Right to Education Around the World According to “The Learning Curve,” an index created by the Pearson Publishing Company to evaluate academic achievement …
Constitutional Approaches to the Right to Education
Constitutional Approaches to the Right to Education At the same time, 59 million primary school-age children remain out of school globally, due to barriers including poverty and discrimination …
50-STATE DIG IN. REVIEW - Education Commission of the …
The following table is a 50-state overview of the constitutional foundation for public education in each state. It includes the location of the foundational language, which is hyperlinked to that …
A Constitutional Right to an Education: Revisited
In 1973, the Supreme Court in San Antonio Independent School District v. Rodriguez held that there is no constitutional right to an education or to equally funded schools. Since Rodriguez, …
Constitutional Right to an Education - tile.loc.gov
Dec 1, 2014 · I. Constitutional Provision on the Right to Education The 1982 Constitution of the People’s Republic of China (PRC or China) declares that citizen a has not only the right, but …
THE RIGHT TO EDUCATION: STATES RECOGNIZE IT AND SO …
This Article argues that the fundamental right to education can, and should be, found within the United States Constitution under either the Fifth and Fourteenth Amendment Due Process …
The misguided right to education - Fordham University
constitutional right to educa-tion. Perhaps most notably, University of South Carolina law professor Derek W. Black (2018) has taken the baton from Thurgood Marshall and identified …
Constitutional Rights and Education: An International …
We investigate whether the inclusion of social rights in political constitutions affects social performance. More specifically, we analyze whether including the right to education in the …
The Constitutional Right to an Education - Springer
The Universal Declaration of Human Rights states that everyone “has the right to an education” (Article 26). That the right is not universally recognized should not surprise. What may surprise …
The Fundamental Right to Education - University of Notre …
To recognize a fundamental right to education, the Court would have to overcome two basic problems. First, the Court needs an originalist theory for why our Constitution protects educa …
A Constitutional Right to a High-Quality Public Education
A Constitutional Right to a High-Quality Public Education . By Nina Rees June 2020. Key Points • There are three reasons conservatives should support making access to a high-quality public …
A Constitutional Right at the State and Federal Level to a …
statutory right to an education, and has constructed law around education as a fundamental right of citizens, at least until the age of adulthood. In 1948, the United Nations, under Article 26, …
Education’s Deep Roots: Historical Evidence for the Right to …
U.S. Constitution protects a right to some amount of education. While such a right is not specifically enumerated in the Constitution, advocates have long argued for the existence of …
Right to Education - Constitutional Perspective - ijrar.org
The right to education flows directly from right to life. The right to life under Art.21 and the dignity of an individual cannot be assured unless it is accompanied by the right to education.
Constitutional rights to education and their relationship to …
Constitutions can also establish critical protections of equity and non-discrimination in education. This article provides the first assessment of how constitutional rights to education vary around …
Education Clauses in State Constitutions Across the United …
Florida’s constitutional education clause is currently the strongest in the country – it recognizes education as a fundamen- tal value, requires the state to provide high-quality education, and …
STUDENTS' CONSTITUTIONAL RIGHT TO A SOUND BASIC …
The series includes an overview entitled, A Roadmap to Constitutional Compliance Ten Years after CFE v. State, and three specific proposals: Filling the Regulatory Gaps, the revisions to …
SUPREME COURT OF THE UNITED STATES
3 days ago · laws, the Individuals with Disabilities Education Act (IDEA), 84 Stat. 175, as amended, 20 U. S. C. §1400 et seq., “offers federal funds to States in exchange for a commit …
The Public Right to Education - University of Chicago Law …
Public education is “the most important function of state and local govern-ment” and yet not a “fundamental right or liberty.” This Article engages one of con-stitutional law’s most intractable …
How Constitutions Around the World Address the Rights to …
education—is essential for advancing equal rights in practice, and ensuring all people have the opportunity to fully participate in society Constitutions can provide a powerful foundation for …
Education is a Fundamental Right - Loyola University Chicago
cases aim to establish a fundamental right to education by arguing the notion that all citizens have a right to an education that will adequately prepare them to participate in democracy."
