Redefining the Right to Public Education

Abstract

The failure to recognize education as a fundamental constitutional right has meant that the quality of education in public schools varies greatly depending on where students live. This Note analyzes the origins of education litigation, current state constitutional standards for education quality, and previous arguments in support of a federal constitutional right to education. It then examines two recent cases, A.C. v. Raimondo and Gary B. v. Whitmer, and advocates for their novel stance on education rights: education is an implicit right that allows students to become meaningful participants in democracy.