Historically, private education has been an option mostly for families who could afford the cost or received financial help. Years of research have shown that many families would choose private schools and other educational resources for their children if they did not face insurmountable financial or geographical limitations. Private educational…

Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

Does the U.S. Constitution guarantee a right to education? The Supreme Court declared that it does not in "San Antonio Independent School District v. Rodriguez," a 1973 case alleging that disparities in spending levels among Texas school districts violated students' constitutional rights. This issue's forum contains two essays. The first…

Within the constitution of each of the 50 states, there is language that mandates the creation of a public education system. The authority for public education falls to states because of a 1973 Supreme Court case which determined that the federal government has no responsibility to provide systems of public education. These constitutional…

This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

This article aims to "modernize" the current legal debate over inequitable public school funding at the state and local level. The 1973 Supreme Court case of "San Antonio Independent School District v. Rodriguez" established precedent, allowing for property-tax based education funding programs at the state-level--a major source…

This report outlines the case for an education amendment to the US Constitution to reduce radical disparities in the allocation of resources and funds for the education of the nation's public school students. The report argues that an education amendment is the best way to fundamentally reform the "structural arrangements" that are…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

The Praeger Handbook of American High Schools contains entries that explore the topic of secondary schools in the United States. Entries are arranged alphabetically and cover topics as varied as assessment to the history of the American high school, from attention-deficit/hyperactivity disorder to gay and straight student alliances, from the No…

Discusses four philosophical approaches that might be applied by the United States Supreme Court in considering cases involving the equal protection clause of the Constitution. Emphasizes the probable impact of each approach on school finance cases such as the Rodriguez case. (JG)

Using cases concerning access to rights, argues that the state owes an affirmative obligation to provide an adequate level of education and that this obligation is consistent with the federalism concerns expressed in "Rodriguez." Available from School of Law, University of Santa Clara, Santa Clara, CA 95053. (IRT)

Examines the "Levittown" case in which the Nassau County Supreme Court of New York declared the state's school financing statute invalid under both the New York and the United States constitutions. Available from New York University, 249 Sullivan Street, New York, New York 10012. (Author/IRT)

Two landmark cases, "Serrano v Priest" (1971) and "Rodriguez v San Antonio" (1973) catapulted school finance litigation onto the political and educational scene. In their aftermath, 11 state supreme courts had ruled school funding systems unconstitutional while 12 state systems have been upheld as constitutional. Many…

This is volume I of a two-volume study of the constitutionality of the K-12 funding system in Illinois. In this volume, seven steps are presented in the issues and outcomes of the major judicial challenges to systems of state aid to public schools. The first chapter looks at the history of state aid litigation up to the time California became the…