Does the Fourteenth Amendment protect a right to education?

The Fourteenth Amendment does not protect a public education as a substantive fundamental right. See San Antonio Indep., Sch. Dist. v. Rodriguez, 411 U.S. 1, 35, 93 S.Ct. 1278, 36 L.Ed.2d 16 (1973) ("Education, of course, is not among the rights afforded explicit protection under our Federal Constitution."); Plyler v. Doe, 457 U.S. 202, 221, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982) ("Public education is not a `right' granted to individuals by the Constitution."). The plaintiffs nevertheless contend that they have a property interest in a public education, that such a property interest continues during their incarceration, and that the defendants' failure to provide them with adequate educational services deprives them of that interest without due process of law.

In order for a benefit to qualify as a property interest, the person claiming it must have a "legitimate claim of entitlement" to the benefit, rather than a mere "unilateral expectation of it." Bd. of Regents v. Roth, 408 U.S. 564, 577, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972). In determining whether a party has a legitimate claim to a benefit, "we look to the statutes and regulations governing the distribution of benefits." Kapps v. Wing, 404 F.3d 105, 113 (2d Cir.2005). We will find there to be a property interest if the relevant statutes and regulations "meaningfully channel official discretion by mandating a defined administrative outcome." Sealed v. Sealed, 332 F.3d 51, 56 (2d Cir.2003).⁷