Today schools are more segregated than ever before in our recent history, and it is largely due to problems with the disparity of funding between districts. While lower funded schools attract migrant low income and inner city urban families due to decreased property values, the demographic of students becomes increasingly homogenous, and more affluent families move to better communities with better schools and more resources, creating an urban-migrant dilemma in education. While this is not the intended outcome, it is none the less the de-facto outcome. So why is this de-facto segregation occurring, and the school funding disparity issue not being challenged? The answer is that it is being challenged, but the progress towards adequacy is slow and courts are not equipped to implement meaningful changes. This paper will examine why our efforts to remedy the urban-migrant problem have failed, and what we can do about this problem moving forward. We will examine exactly what the problem actually is, define it, examine the possible remedies through the lens of parallel problems and how they are addressed under the law, and finally come up with a model for dealing with the urban-migrant problem in the future. Every child has the right to an adequate and proper education, and it is worth thinking about the way we can fix this system to provide the very basic necessities for every child in school to meet the goals of the educational system. I will discuss the possible alternatives to the traditional constitutional challenges, including looking at possible remedies through federal statutory law which could be implemented under the spending or commerce clauses.
Available at: http://works.bepress.com/rachel_ostrander/2/