The reason is the distinctions between weak and strong education clauses have been too finely drawn. (educationnext.org)
And the same education clause creating common schools gives the legislature the authority to provide for public schools. (educationnext.org)
There are still successful lawsuits, but he says they tend to rely on education clauses in state constitutions, which have no parallel in the U.S. Constitution. (abajournal.com)