Amy Lobue
This Essay evaluates the structure of technology funding in education and how it has impacted students’ access to quality instruction throughout the COVID-19 pandemic. As access to education throughout the pandemic depended on students’ and schools’ abilities to procure access to connected devices, some students were left with minimal to no instruction. Further, the pandemic sheds light on the existing technology access inequities that trace the lines between socioeconomic classes. First, technology access is defined as a two-fold issue: access to the internet, and access to devices other than smartphones. This Essay presents the current federal funding structure for educational technology, which concerns the former prong of technology access. COVID-19 has prompted federal legislation to acknowledge the latter prong of technology access in funding opportunities for schools. Second, education law precedent demonstrates that the judicial system is hesitant to rule on complex public policies such as education. Supreme Court precedence instead focuses on funding structures that violate the Equal Protection Clause of the Fourteenth Amendment. This Essay discusses the appropriateness of the Equal Protection Clause as a remedy for students seeking equal educational services on the basis of wealth. It argues that a duty should be imposed on state and federal legislatures to fund educational devices. Lastly, this Essay discusses the potential for a basic federal right to technology access in education.