Educational Opportunity as Distributive Equity: The Principle of Proportionate Progress

68 Pages Posted: 3 Mar 2017

See all articles by Talha Syed

Talha Syed

University of California, Berkeley

Date Written: October 31, 2016

Abstract

What do we owe students who, on account of disability, have differential needs and capacities from others? What, for that matter, do we owe all students? A central claim of the present Article is that we cannot answer the former question without also considering the latter. Moreover, a satisfactory answer requires reaching beyond notions of “equality of opportunity,” to probe our deepest commitments regarding distributive equity, or substantive fairness in access to the good of educational development. This Article offers a novel understanding of these deepest commitments, to advance a new principle of distributive justice, the principle of proportionate priority. It pursues the implications of this principle in depth for the specific setting of educational accommodation for disability – to provide a comprehensive answer to a question now before the Supreme Court. Its ramifications extend, however, far more widely, not only for educational policy in general but also for other areas of law and policy.

Keywords: Distributive Equity; Political Philosophy; Legal Theory; Education Law & Policy; Disability Law & Policy

Suggested Citation

Syed, Talha, Educational Opportunity as Distributive Equity: The Principle of Proportionate Progress (October 31, 2016). UC Berkeley Public Law Research Paper No. 2926142. Available at SSRN: https://ssrn.com/abstract=2926142 or http://dx.doi.org/10.2139/ssrn.2926142

Talha Syed (Contact Author)

University of California, Berkeley ( email )

310 Barrows Hall
Berkeley, CA 94720
United States

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