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Education Law

Law Faculty Publications

2013

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The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson Jan 2013

The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson

Law Faculty Publications

This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a …