Can Courts Repair the Crumbling Foundation of Good Citizenship? An Examination of Potential Legal Challenges to Social Studies Cutbacks in Public Schools

Abstract

In the wake of No Child Left Behind, many public schools have cut or eliminated social studies instruction to allot more time for math and literacy. Given courts\u27 repeated celebration of education as the foundation of good citizenship, this Note examines potential legal claims and litigation strategies that could be used to compel social studies instruction in public schools. This Note contends that the federal judiciary\u27s civic conception of education leaves the door slightly ajar for a Fourteenth Amendment chrallenge on behalf of social studies-deprived students, but the Supreme Court\u27s refusal in San Antonio v. Rodriguez to recognize education as a fundamental right leaves potential federal challenges with substantial barriers to success. A state-law litigation strategy might prove more effective. In many states, constitutional education provisions or educationrelated judicial precedent strongly imply that public schools have a duty to provide students with social studies. States\u27 education standards or the history surrounding the adoption of education provisions may also suggest that a constitutionally adequate education necessarily includes social studies instruction. Thus, although challenges to schools\u27 curricular decisions are not sure to succeed, courts present a potential venue in which social studies-deprived students may be able to vindicate a right to civic education