Designing the Legal Architecture to Protect Education as a Civil Right

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