ABSTRACT
This chapter proposes an innovative approach for directing the expanding federal role in education. It presents arguments for why federal action is necessary to address these disparities. The chapter considers the human rights enforcement mechanisms for a right to education. It then proposes how these models could inform the development and enforcement of a federal right to education in the United States. The chapter also explores some of the strengths and weaknesses of proposed approach. In contrast, it contends that Congress should recognize a federal right to education through spending legislation that the federal and state governments collaboratively enforce. As the chapter proposes federal legislation to address these concerns, this part highlights the two principal federal approaches to disparities in educational opportunity: school desegregation and legislation to assist low-income children. It also recommends that withholding federal funds should be a last resort under the proposed enforcement model.
