How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

Education is intimately connected to many of the most important and contentious questions confronting American society, from race to jobs to taxes, and the competitive pressures of the global economy have only enhanced its significance. Elementary and secondary schooling has long been the province of state and local governments; but when George W. Bush signed into law the No Child Left Behind Act in 2002, it signaled an unprecedented expansion of the federal role in public education. This book provides the first balanced, in-depth analysis of how No Child Left Behind (NCLB) became law. Patrick McGuinn, a political scientist with hands-on experience in secondary education, explains how this happened despite the country's long history of decentralized school governance and the longstanding opposition of both liberals and conservatives to an active, reform-oriented federal role in schools. His book provides the essential political context for understanding NCLB, the controversies surrounding its implementation, and forthcoming debates over its reauthorization. how the struggle to define the federal role in school reform took center stage in debates over the appropriate role of the government in promoting opportunity and social welfare. He places the evolution of the federal role in schools within the context of broader institutional, ideological, and political changes that have swept the nation since the 1965 Elementary and Secondary Education Act, chronicles the concerns raised by the 1983 report A Nation at Risk, and shows how education became a major campaign issue for both parties in the 1990s. McGuinn argues that the emergence of swing issues such as education can facilitate major policy change even as they influence the direction of wider political debates and partisan conflict. McGuinn traces the Republican shift from seeking to eliminate the U.S. Department of Education to embracing federal leadership in school reform, then details the negotiations over NCLB, the forces that shaped its final provisions, and the ways in which the law constitutes a new federal education policy regime - against which states have now begun to rebel. and that only by understanding the unique dynamics of national education politics will reformers be able to craft a more effective national role in school reform.