The Constitutionally Anomalous Right to Education

Oxford Handbook of US K-12 Education Law (Kristi Bowman, ed., Oxford Univ. Press, 2020, Forthcoming)

WVU College of Law Research Paper No. 2018-001

13 Pages Posted: 2 Oct 2018

See all articles by Joshua E. Weishart

Joshua E. Weishart

West Virginia University - College of Law; West Virginia University - John D. Rockefeller School of Policy and Politics

Date Written: September 25, 2018

Abstract

This chapter clarifies the nature of right to education in the United States. It analyzes constitutional text and the judicial decisions from the past half-century to identify the right’s form, function, and scope. These interrelated, constitutive parts reveal (i) the duties and freedoms conferred by the right, (ii) the purpose and content of those educational entitlements, (iii) the conditions by which the right can be vindicated in courts, and (iv) the range of potential remedies. Properly construed and exercised, the right to education carries the political and legal force to compel the state to protect children from the harms of educational deprivations and disparities.

Keywords: right to education, constitutional law, education law, educational equity, educational adequacy, educational entitlement, rightsholder, immunity, claim-right, form of right, function of right, scope of right, state constitution

JEL Classification: I22, I24, I29, K39, K41

Suggested Citation

Weishart, Joshua E., The Constitutionally Anomalous Right to Education (September 25, 2018). Oxford Handbook of US K-12 Education Law (Kristi Bowman, ed., Oxford Univ. Press, 2020, Forthcoming); WVU College of Law Research Paper No. 2018-001. Available at SSRN: https://ssrn.com/abstract=3255131

Joshua E. Weishart (Contact Author)

West Virginia University - College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

West Virginia University - John D. Rockefeller School of Policy and Politics

PO Box 6025
Morgantown, WV 26506
United States

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