Abstract

In this chapter, Kimberly Jenkins Robinson identifies the challenges and benefits of Congress adopting a federal right to education. She notes that the current backlash against the federal role in education and the lack of political will for greater federal involvement in education will forestall calls for a congressional right to education in the near future. Nevertheless, Congress possesses numerous strengths to recognizing a federal right to education over the federal courts that make it a forum worthy of serious consideration in the decades ahead. Robinson contends that Congress should adopt an incremental approach to recognizing a federal right to education that begins with incentives that set the stage for a federal right and that culminate with a federal law that requires states to provide equal access to an excellent education.

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