The Right to Education?
In the case of San Antonio Independent School District v. Rodrigues (1973), the Supreme Court rejected a claim that education is a fundamental right. Therefore, litigants have since turned to the state courts and constitutions to address inequalities in education.
•Consider the following case:
Cassidy Nance has filed suit in Florida state court arguing her granddaughter is being denied an adequate education. Specifically, she argues the school is inadequate to meet the needs of the students. Cassidy’s granddaughter Beth lives in a rural town where there are few taxpayers to help fund the school. Classes are currently being held in a modular unit without air conditioning and appropriate space for the students. Cassidy’s attorneys are arguing that education is a fundamental right and that the State of Florida is denying Beth this right by not providing her the tools necessary to receive that education.
•Assume you are a justice on the Florida Supreme Court and have been charged by the Chief Justice to draft the majority opinion. Using other resources provided to you as a guide, write a four-page opinion as to whether there is a fundamental right to education in Florida. In the opinion, be sure to discuss fundamental rights in general and your position based on these sources.