Education Rights and Enforcement (SC)

Section 1, Spring 18

Schedule Information

Enrollment: 10/15
Credits: 1

Course Description

Unlike other nations, the US has no national right to education. State constitutions do, however, guarantee the right to public education, placing the legal obligation to provide education to children on the states. This course will explore major issues in education law and policy through the lens of state constitutional education rights, and enforcement of those rights in the courts. The course will examine the substantial body of litigation over the last 50 years challenging inequities in state public school funding, and the resulting disparities in resources and outcomes for students, particularly for low-income students, English language learners, students with disabilities and students in high poverty schools. The course will examine the strengths and weaknesses of the decentralized legal framework for public education in the US; critical state and federal jurisprudence shaping this framework; the ongoing controversy over the role of the courts in enforcing educational rights; the efficacy of judicially-imposed remedies; and new legal issues emerging from current education "reforms" such as charter schools and private school vouchers.

Course Requirements

Exam Info:
Midterm Type (if any): None
Description: None

Final Type (if any): None

Written Work Product
Written Work Product: Students will be required to submit a paper via EXPO by noon two weeks after the last class session.

Other Work

Other Course Details
Prerequisites: Education Law course, clinical experience, civil practice, or keen interest in condition of public education in U.S. recommended, but not required Concurrencies: None
Mutually Exclusive With: None
Laptops Allowed: Yes
First Day Attendance Required: Yes
Course Notes: Attendance at all class sessions is required. Enrolled students who do not attend the first class session will be disenrolled in accordance with Academic Policy.

Graduation Requirements

*Satisfies Writing Requirement: No
**Credits For Prof. Skills Requirement: No
Satisfies Professional Ethics: No

*Yes means professor requires everyone in the course to submit a substantial research paper (which is the requirement standard in Academic Policies), so no paperwork required to be submitted to SRO. No means student must timely submit paperwork to SRO if intending to use a paper in this course to satisfy the Writing Requirement.

**Yes indicates course credits count towards UVA Law’s Prof. Skills graduation requirement, not necessarily a skills requirements for any particular state bar.

General Information

Schedule No.
Law No.
Modified Type
Cross Listed: No
Cross-Listed Course Mnemonic:
Public Syllabus Link: None
Evaluation Portal Via LawWeb Opens:
Evaluation Portal Via LawWeb Closes: