ABSTRACT

Contrary to the assumption held by many Americans, there is no federal right to education in the United States. Education has long been a state affair, and state laws govern most of US education policy. In spite of this, the federal government has been involved in education, specifically education-related rights and liberties, since the beginning of the twentieth century. What most Americans think of as their "right" to an education is actually provided by the state in which they live. Most state constitutions either explicitly proclaim a right to education or at least guarantee a certain minimum level of schooling for all residents. The states involved argued that because they provided all children with an education at public expense, they were fulfilling their burdens under the amendment. The Court seemed to turn its back on the idea of the right to education in San Antonio Independent School District v. Rodriguez, 411 US 1.