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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.
An in-depth study of school financing examined through the closely decided Supreme Court case that overturned a ruling that found Texas's system for financing its public schools was unconstitutional, signaling the end of an era in the pursuit of equal education for all American citizens.
In San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973), the United States Supreme Court held that wealth discrimination was not illegal discrimination and that the right to be educated was not a fundamental constitutional right. This article contends that international human rights law provides broad authority for a right to equal opportunity to education and is a useful tool for those seeking to develop theories that that right exists under either the state or federal constitutions.This Article provides a brief introduction to those cases in which courts have been asked to look at international human rights standards for guidance in cases affecting economic, social and cultural right, and it discusses the use of customary international law in the United States. It criticizes the prevailing view in the United States that economic, social and cultural rights are not part of customary international law and provides overwhelming evidence that many of these rights are universally accepted. It examines that body of international human rights law that prescribes, as a basic tenet, equal opportunity to education, it asserts that this tenet has risen to the level of customary international law that is binding on United States, and it argues that international standards should be used to persuade state courts that there is a right to equal opportunity to education under state constitutions. Finally, it examines the theories being developed for establishing a federal right to equal educational opportunity, and it argues that application of international standards would be useful in developing those theories and would yield a different result from that reached in Rodriguez. It maintains that the use of human rights law could help change the focus of the discussion, which up to now has highlighted the right to education rather than the right to equal opportunity to education.