This chapter proposes an innovative approach for directing the expanding federal role in education. The proposed approach encourages states to address disparities in opportunity that prevent disadvantaged students from achieving their full potential and builds on the understanding reflected in the NCLB that the federal government will remain critical in public education reform. The proposal re-examines an avenue for federal involvement that the US Supreme Court considered in several cases and scholars have debated for more than 30 years: a federal right to education.
Kimberly J. Robinson, A Proposal for Collaborative Enforcement of a Federal Right to Education, in What is Right for Children?: The Competing Paradigms of Religion and Human Rights 205 (Martha Fineman & Karen Worthington eds., 2009).