Discussion (1L): Equality of Educational Opportunity

This seminar explores the concept of equality of educational opportunity, how law and policy have structured inequality in schools, and the efforts to dismantle inequality and promote equal educational opportunity. We will first consider the concept of equality of educational opportunity. What does it mean to provide equal opportunity and how should educational resources be distributed in a just and fair manner? With that framing, we will consider three specific areas of educational inequality and how law and policy have both structured and can remedy those inequalities. First, we'll explore racial inequality from segregation to tracking to school discipline practices. Beyond historical de jure segregation, how do contemporary school policies structure racial inequality and how can those structures be dismantled? Second, we will consider educational finance policies and the litigation campaigns that have aimed to ensure that our schools are adequately funded and educational resources are distributed equitably. We'll ask the questions of when and how does money matter and what does it mean to provide an adequate education? Finally, we will wade into the ideologically charged, conceptually complex, and empirically murky area of school choice. Can school choice policies such as charter schools, educational vouchers, and inter-district choice promote equity or are they simply doomed to exacerbate our existing inequalities? Class meets 5:30 PM-7:30 PM on Sept. 21, Oct. 12, Oct. 26, Nov. 9.