States' Power: Can They End Public Education?

While the US Constitution does not expressly mention education, the Tenth Amendment states that any powers not specifically given to the federal government are reserved for the states, and so the states are in charge of providing and regulating schooling. The Fourteenth Amendment has been used to protect public education rights through its Equal Protection and Due Process Clauses, which prohibit states from denying equal protection of the laws and from depriving any person of life, liberty, or property without due process of law. However, there is no federally protected constitutional right to education, and it is unclear whether the courts could change course and find that education is a federal constitutional right.

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The Fourteenth Amendment

The Equal Protection Clause of the Fourteenth Amendment provides that a state may not "deny to any person within its jurisdiction the equal protection of the laws". This clause has been applied to public schools, requiring an end to the discriminatory practice of segregating students based on race. In the landmark case of Brown v. Board of Education (1954), the Supreme Court interpreted the Equal Protection Clause to mean that "separate educational facilities are inherently unequal", and that plaintiffs in the case were "deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment". This decision had a dramatic impact, requiring all public schools in all states that had segregated students to desegregate or face claims of violating the Fourteenth Amendment.

The Due Process Clause of the Fourteenth Amendment states that states may not "deprive any person of life, liberty, or property, without due process of law". This clause has been interpreted to provide substantive and procedural protections in the context of public education. For example, it protects a parent's right to direct the educational upbringing of their child. Additionally, it has been applied to disciplinary actions in schools, requiring that students be given due process rights before facing severe discipline such as expulsion.

While the Fourteenth Amendment has been used to protect public education rights, it is important to note that the U.S. Supreme Court has not interpreted it to require the federal government to provide or fund education services. The Court has stated that education is not a fundamental right under the U.S. Constitution. However, this interpretation could change in the future, as there may be a wave of post-COVID-19 lawsuits if the financial burden on states and localities, which fund public education, persists.

The Tenth Amendment

The text of the Tenth Amendment is as follows: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This amendment originated from debates surrounding the inclusion of a bill of rights in the Constitution. Some argued that the Constitution inherently limited the federal government's scope to protect against infringements on individual liberties, rendering a bill of rights unnecessary.

While the Tenth Amendment reinforces states' rights, it is important to note that education is not explicitly mentioned in the U.S. Constitution. The Fourteenth Amendment, through its Equal Protection and Due Process Clauses, has been interpreted to protect public education rights. However, there is ongoing legal debate about whether education is a fundamental right protected by the Fourteenth Amendment.

State constitutions and public education

While the U.S. Constitution does not expressly mention education, the Tenth Amendment states that any powers not specifically given to the federal government are reserved for the states. This includes the establishment of education, which is why states are in charge of providing and regulating schooling. However, the Fourteenth Amendment, through its Equal Protection and Due Process Clauses, has had a significant effect on protecting public education rights. The Equal Protection Clause provides that a state may not deny any person within its jurisdiction equal protection of the laws, and this applies to local governments and public schools as well. The Due Process Clause has been interpreted by some courts to mean that students must receive at least a basic minimum education.

State constitutions vary, but every state constitution includes language mandating the establishment of a public education system. At least 15 state constitutions and multiple state statutes hold that public education is "essential to the preservation of rights and liberties of the people" or necessary for maintaining a government "by the people." State courts have considered state constitutional challenges rooted in the right to education or an adequate education, even though this guarantee is not included in the U.S. Constitution. Issues considered by state courts include inadequate or inequitable funding, efforts to ban books, limits on teaching certain theories or histories, access or limits to charter schools, education tax structures, educational accommodations, teacher tenure and pensions, gender identity policies, school discipline, and limits to a school board's authority.

While there is no federally protected constitutional right to education, the Supreme Court has ruled that states cannot deny a discrete group of innocent children the free public education that it offers to other children within its borders. For example, in Plyler v. Doe, the Supreme Court ruled that a Texas statute that withheld state funds for the education of children who were not legally admitted into the United States and authorized local school districts to deny enrollment to such children violated the Equal Protection Clause of the Fourteenth Amendment. Similarly, in Brown v. Board of Education, the Supreme Court ruled that racial segregation in public schools violated the Constitution.

Despite these protections, there are arguments against the federal government taking over the regulation of public schooling. Firstly, decreased diversity and autonomy in education may result from centralized regulation. Secondly, centralized regulation would diminish parental and community influence in their children's education. Finally, a centralized approach to governance may not align with American founding values, which generally favor a more decentralized approach.

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Court rulings on public education

The US Constitution does not expressly mention education, and the Supreme Court has not interpreted it to require the federal government to provide or fund education services. However, the Fourteenth Amendment has had a significant effect on protecting public education rights. The Fourteenth Amendment protects public education rights through its Equal Protection and Due Process Clauses. These clauses prohibit states from denying equal protection of the laws and from depriving any person of life, liberty, or property without due process of law.

In Gary B. v Snyder, a case concerning Detroit Public Schools (DPS), the question of whether education is a constitutional right protected under the Fourteenth Amendment was raised. The answer was that there is no federally protected constitutional right to education. However, this could change in the future, with the interpretation of a single judge potentially leading to a change in the federal role in education.

In Houston Community College System v. Wilson, the justices found that the Houston Community College System Board did not infringe on the free speech rights of an elected board member when it censored him for offensive speech and conduct. The Supreme Court ruled that the First Amendment "cannot be used as a weapon to silence other representatives seeking to do the same."

In Tinker v. Des Moines, students protested the Vietnam War by wearing armbands, and the school disciplined them for doing so. The Supreme Court ruled that the discipline violated the First Amendment because the school could not show that the speech could reasonably be expected to disrupt school activities or impinge on the rights of others.

In Brown v. Board of Education, the Supreme Court ruled that "separate educational facilities are inherently unequal," and that the separate-but-equal doctrine violated the Equal Protection Clause of the Fourteenth Amendment. This decision marked the end of legally mandated race-segregated schools.

In Espinoza v. Montana Department of Revenue, the Supreme Court held that Montana could not exclude religious schools from its tax credit school voucher program based solely on the schools' religious affiliations. However, the Court did not address whether states can restrict funding for religious schools that would use taxpayer money for religious activities, teaching, and worship.

In Pierce v. Society of Sisters of the Holy Names of Jesus and Mary, the Supreme Court recognised that "liberty," protected by the Fourteenth Amendment, includes the right to choose a private education. The Court ruled that an Oregon statute mandating public school attendance was unconstitutional.

In conclusion, while there is no federally protected constitutional right to education, the Fourteenth Amendment has been used to protect public education rights through its Equal Protection and Due Process Clauses. The Supreme Court has also ruled on several cases involving free speech rights, racial segregation, and religious schools, which have had a significant impact on public education.

Funding and educational standards

While the US Constitution does not expressly mention education, the 14th Amendment has been significant in protecting public education rights. The Equal Protection and Due Process Clauses of the 14th Amendment prohibit states from denying equal protection of the laws and from depriving any person of life, liberty, or property without due process of law. However, it is important to note that the US Supreme Court has not interpreted the Constitution as requiring the federal government to provide or fund education services.

Funding for public education in the US primarily comes from state and local governments. State governments are responsible for the day-to-day operations of schools, curriculum standards, teacher certification, and graduation requirements. They fund schools through tax mechanisms, with local governments developing educational policies and implementing assessment systems to maintain quality. The federal government plays a supplementary role, providing support through funding, national programs, and policy recommendations. Federal funding accounts for less than 10% of school revenues, with the majority coming from state and local sources.

There have been court cases, such as Gary B. v. Snyder, that have tested whether education is a constitutional right protected under the Fourteenth Amendment. While the answer is currently no, there is a potential for future lawsuits and changes in the federal role in education, especially in the post-COVID-19 era. The pandemic's financial burden on states and localities, which bear the majority of the costs of public education, could lead to a slew of lawsuits and potentially increase federal intervention in public education.

The current system of funding public schools has been criticised for falling short, especially for low-income students. Recessions can cause per-student education revenues to plummet, and increased federal spending on education can help mitigate funding shortfalls and inequities. A larger federal role in education funding could boost equity and shield students from disinvestment during economic downturns. Reforms are needed to ensure a more robust, stable, and consistent school funding plan that channels additional resources to less affluent students.

In conclusion, while the US Constitution does not mandate federal funding for education, the 14th Amendment protects public education rights. State and local governments bear the primary responsibility for funding public education, with the federal government providing supplementary support. There is a growing recognition that an overhaul of the school finance system is needed to increase the federal role, ensuring more equitable access to quality education for all students, especially those from low-income backgrounds.

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