Public education is “the most important function of state and local government” and yet not a “fundamental right or liberty.” This Article engages one of constitutional law’s most intractable problems by introducing “the public right to education” as a doctrinal pathway to a constitutional right to education process in three steps.
How far may a school district deviate from the services specified in an IEP and remain in compliance with the IDEA? In other words, how much of the adequate written plan is the student in fact entitled to receive? There are two existing approaches to failure-to-implement cases: the materiality approach and the per se test. This Comment argues that both approaches are flawed.
This Comment argues that existing doctrine supports recognizing a student right to be free from political orthodoxy in public education. It proposes a burden-shifting test for vindicating that right.
For twenty-six days in 2020, all students in Ohio, Ken-tucky, Tennessee, and Michigan could claim a fundamental right to a “basic minimum education” under the Fourteenth Amendment.
Over the past three decades, legal academics have mounted a sustained attack on the traditional liberal idea that judges protect minority rights against majority will.
When the House of Representatives’ chaplain Reverend Patrick Conroy was dismissed in April 2018, theories as to why he was fired abounded.
