The Misguided Quest for a Constitutional Right to Education

Overview & Synopsis

The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in education, a constitutional right to education would likely lead to an increase in high-stakes testing. The way to prepare young people for citizenship is to raise them in communities, including communities of color, that govern the schools themselves without the oversight of federal judges.