Abstract

Building on the premise that closing achievement gaps is an economic imperative both to regain international educational supremacy and to maintain global economic competitiveness, I ask whether it is possible to rewrite the social contract so that education is a fundamental right-a statutory guarantee-that is both uniform across states and federally enforceable. I argue that the federal government was complicit in aggravating educational inequality by not guaranteeing free, public education as a basic right during propitious political moments; by enabling the creation of a segregated public higher education system; by relegating the Department of Education and its predecessors to a secondary status in the federal administration, thereby compromising its enforcement capability; and by proliferating incremental reforms while ignoring the unequal institutional arrangements that undermine equal opportunity to learn. History shows that a strong federal role can potentially strengthen the educational social contract.

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