A Federal Right to Education: Necessary Change to the Foundations of America’s Education System, or No Lawyer Left Behind?
Washington, D.C.
There is currently no established federal right to education, as affirmed by the Supreme Court in the 1970s. However, the question remains whether there should be one.
During a debate at the American Enterprise Institute, one side argued that guaranteeing a federal right to education is essential to address the inequities prevalent in American education. On the other hand, opponents view it as a unrealistic concept that would lead to increased federal interference in local decision-making.
The heart of the debate lies in the Supreme Court’s decision in San Antonio Independent School District v. Rodriguez in 1973. In a 5-4 ruling, the court determined that there is no constitutional right to education and that the use of property taxes to fund schools does not violate the Equal Protection clause, even if it results in unequal funding.
Kimberly Robinson, a professor at the University of Richmond School of Law, argues that the Supreme Court’s decision to leave the matter to the states has been largely ineffective. State courts have been reluctant to get involved and enforce consequences when legislatures disregard their rulings. She believes that only the federal government can ensure greater equity between states, especially considering the disparities that exist between states themselves.
Derek Black, a professor at the University of South Carolina Law School, contends that public education has always been closely tied to the idea of American democracy. From the early establishment of new states to the post-Civil War requirements for Southern states to rejoin the Union, education has been recognized as the foundation of democratic and constitutional commitments.
Ilya Shapiro of the Cato Institute, a libertarian think tank, argues that pursuing a federal right to education is a futile pursuit since it does not exist in the Constitution. Establishing such a right could open the door to claims for other essential rights, such as housing and food. Shapiro warns that this could contribute to an overwhelming litigation process to determine the specifics of the right.
Earl Maltz, a professor at Rutgers Law School, cautions against increased federal involvement, as it could restrict the diverse values present in education across the country. He believes that micromanagement from Washington and excessive litigation will not necessarily lead to better outcomes.
Kimberly Robinson suggests that a federal right to education would include guarantees of equal funding, additional support for disadvantaged students, and requirements for qualified teachers. There are ongoing legal battles, such as the Michigan lawsuit regarding the deprivation of literacy rights and the Rhode Island lawsuit arguing that substandard education limits students’ full participation in democracy.
According to Robinson, the current system in America is failing, with privileged segments of society receiving excellent education while others are left with insufficient resources from state and local budgets.
Derek Black emphasizes that Congress has the power to address funding disparities even without a codified federal right to education. He criticizes Congress for its failure to allocate sufficient funds to address educational inequities.
In the end, although more people supported the idea of a federal right to education, the opposition managed to sway more members of the audience during the debate, resulting in their victory.
Overall, the debate raises important questions about the role of the federal government in ensuring equitable education and the extent to which it should intervene in local decision-making.
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