ERIC Number: EJ1138150
Record Type: Journal
Publication Date: 2017
Forum: Reconsidering the Supreme Court's "Rodriguez" Decision--Is There a Federal Constitutional Right to Education?
Ogletree, Charles J., Jr.; Robinson, Kimberly Jenkins; Lindseth, Alfred A.; Testani, Rocco E.; Peifer, Lee A.
Education Next, v17 n2 p70-77 Spr 2017
Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first essay, "Inequitable Schools Demand a Federal Remedy," by Charles Ogletree, Jr., Harvard Law School professor, and Kimberly Robinson, professor at the University of Richmond School of Law, asserts that the court should overturn the "Rodriguez" decision, thus opening the door to federal remedies to public-education inequality. On the other side, Alfred A. Lindseth, Rocco E. Testani, and Lee A. Peifer, attorneys at the law firm Eversheds Sutherland (US), contend in their essay, "Federal Courts Can't Solve Our Education Ills," that a reversal of "Rodriguez" would lead not to educational parity but to endless litigation.
Descriptors: Federal Legislation, Government Role, Constitutional Law, Court Litigation, Compliance (Legal), Equal Education, Civil Rights, Access to Education, Educational Equity (Finance)
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Publication Type: Journal Articles; Reports - Descriptive; Opinion Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Rodriguez v San Antonio Independent School District
Grant or Contract Numbers: N/A