Designing the Legal Architecture to Protect Education as a Civil Right

53 Pages Posted: 12 Mar 2022

Date Written: December 28, 2020

Abstract

Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right.

Keywords: civil right, education, school, equity, opportunity gap, achievement gap, student, schoolchildren, democracy, economy, Title VI, OCR, DOJ, Rodriguez, enforcement, nonjusticiable, funding

JEL Classification: H52, I20, I21, I24, I28, I31, K36

Suggested Citation

Robinson, Kimberly Jenkins, Designing the Legal Architecture to Protect Education as a Civil Right (December 28, 2020). Indiana Law Journal, Vol. 96, No. 1, 2020, Available at SSRN: https://ssrn.com/abstract=4054077

Kimberly Jenkins Robinson (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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