Abstract

Lack of understanding about the relationship between federal and state educational institutions brings confusion into discussions of democracy, equity and equality in schools. The 'right to education' continues to be espoused by American society as a birthright, yet it does not figure in federal documentation. This matter has repeatedly come to the attention of legislative courts, who have insisted that the question of education as a fundamental right be addressed. Numerous court cases have attempted to bring closure on this issue, on the basis of such abstractions as national rights, equal access, opportunity and economic disparity among the petitions. However, legal judgments remain inconclusive, reiterating that education remains a state legislative issue. This paper explores the implications of a fundamental right to education through an examination of federal and state legal litigation, discussing the philosophical and ideological roots of discussion of rights and democratic values, and evaluating how federal and judicial participation contributes to overall misunderstanding regarding public schooling