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Will Common Core Results Generate A New Wave Of Lawsuits?

In case you hadn’t noticed, most of today’s education debate takes place inside a very small, seemingly unchangeable stone box. But there are a few examples of advocates thinking big, going at fundamental problems that aren't just workarounds to the current situation:

In 2008, Matt Miller proposed ending local control of schools in an Atlantic Magazine article (First, Kill All the School Boards). He admitted that reducing the over-emphasis on local control “goes against every cultural tradition we have, save the one that matters most: our capacity to renew ourselves to meet new challenges.”

In 2012, former NYC chancellor Joel Klein (and Michelle Rhee, and Warren Buffett) half-jokingly floated the idea of “banning” private schools and assigning children to schools randomly (rather than by neighborhood or test score). I was annoyed at this spread of this "thought experiment" at the time and it still seems legally and politically unworkable but it expands the mind, suggesting other, possibly more achievable changes. It's apparently been discussed in other countries.

In the past few years, folks like Nikole Hannah-Jones (formerly of ProPublica, now headed to the New York Times) or Ta-Nehesi Coates of The Atlantic have reminded us of things like resegregation of schools in the South and the policy decisions that created the American ghetto

The most recent example I've come across is the notion of undoing the 1973 Rodriguez case that has seemed to have blocked progress on school funding issues for over 40 years now. Recently, civil rights leader Wade Henderson described the law as “a triumph of states’ rights over human rights.” Educator and activist Sam Chaltain wrote not too long ago that Rodriguez was arguably as important as the 1954 Brown decision may be and called for a 28th Amendment to the Constitution guaranteeing “an equal opportunity to learn.” 

Perhaps the most exciting (and terrifying) idea I've heard of in recent months is someone suing states based on their failure to achieve reasonable student proficiency percentages under the new Common Core assessments.  "All of a sudden the standards and test results [could] become something that state courts can refer to as a reasonable representation of states' Constitutional requirements," notes to school funding expert Bruce Baker (who's not particularly optimistic about this happening or working out well).

The point is simple: There are elements to the current education system that can seem so permanent, so intractable as to make them seem not work talking about. But that's a shame -- and a bit of an embarrassment.  What's the biggest, scariest, most fascinating education idea you've heard or thought of lately?

NB: This is a version of a post that was first published over at The Grade.  

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