SMU Law Review
Abstract
Public education lacks adequate constitutional protection. The COVID-19 pandemic highlighted pre-existing issues in the public education system, such as poor literacy rates, chronic absenteeism, and disparities in students’ post-secondary college and career readiness. Additionally, recent changes in educational policies have often been part of legislative schemes passed by lawmakers who, on average, are at least two generations removed from American students—these policy changes have not been driven by data in response to students’ needs. As a result, there is a serious lack of consistency in the quality of an American education that has contributed to disparities in students’ learning and performance. This lack of uniformity—along with the public education system’s availability as a political tool—could be addressed on a national scale if the United States’ public education system was offered higher constitutional protection and/or had a uniform, minimum standard for the quality of education. To help address these issues, I propose two alternative solutions: (1) public education should be recognized as a fundamental right protected by the Due Process Clause of the Fourteenth Amendment; or (2) a national standard should be set for a “minimally adequate education” (similar to the “Least Restrictive Environment” standard set by the IDEA) that requires states to provide students with historically accurate information and fosters students’ self-sufficiency and civic participation.
Recommended Citation
Cristina J. Mauldin,
At Least Make it Adequate: The Constitution Should Better Protect Public Education,
77
SMU L. Rev.
933
(2024)