Public education as a situational right, privilege, and entitlement

UNCG Author/Contributor (non-UNCG co-authors, if there are any, appear on document)
Franklin Delano Adams (Creator)
The University of North Carolina at Greensboro (UNCG )
Web Site:
H. C. Hudgins, Jr.

Abstract: This research examined the conditions that contribute to the consideration of education as a right; it also examined the situations/ conditions that have established education as an entitlement and a priviledge. Education has an established, historical precedent for being elevated to "fundamental interest" status. It enjoys public, political, and congressional support for consideration of elevation to a fundamental "right" status. Only the United States Supreme Court has failed to recognize education as possessing "fundamental right" status. Education has been pronounced by the United States Supreme Court In GOSS v. LOPEZ as an entitlement. This pronouncement was based upon the premise that rights, privileges, and entitlements are created outside of the federal areas, more specifically, outside of the federal Constitution. Education exists as a privilege owing to the broad police powers of the states; these state rights exist from an explicit Interpretation of the ninth and tenth amendments to the federal Constitution.

Additional Information

Language: English
Date: 1988
Right to education
Educational law and legislation
Education $x History

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