Jonah Patel
The United States Constitution and its amendments do not specifically mention education, and the Supreme Court has not interpreted it to require the federal government to provide or fund educational services. The Tenth Amendment reserves the establishment of education for the states. The federal government influences public schools through funding mechanisms, policy directives, and presidential power. The Fourteenth Amendment has been pivotal in protecting public education rights through its Equal Protection and Due Process Clauses, impacting desegregation and prohibiting discrimination against students with disabilities. While there is no federal right to education, the potential consequences of federal regulation are debated, with some arguing for increased diversity and autonomy in education.
| Characteristics | Values |
|---|---|
| Federal government control | The federal government does not directly oversee the nation's 100,000 public schools. |
| State control | States have some oversight, but individual municipalities are, in most cases, the legal entities responsible for running schools and providing the majority of funding through local tax dollars. |
| Federal funding | The federal government uses a complex system of funding mechanisms to shape what, how, and where students learn. |
| Constitutional right to education | The U.S. Constitution and its amendments do not specifically mention education, and there is no federal right to education. |
| Fourteenth Amendment | The Fourteenth Amendment protects public education rights through its Equal Protection and Due Process Clauses. |
| Individuals with Disabilities Education Act (IDEA) | Public schools are required to provide all students with disabilities with a Free and Appropriate Public Education (FAPE). |
| Desegregation | The Fourteenth Amendment has been used to end the discriminatory practice of segregating students based on race. |
| Diversity in education | The federal government taking over the regulation of public schooling could decrease diversity and autonomy in education. |
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What You'll Learn
The Fourteenth Amendment and public education rights
The Fourteenth Amendment to the U.S. Constitution has had a significant effect on protecting public education rights. While the Constitution does not expressly mention education, the Fourteenth Amendment's Equal Protection and Due Process Clauses have been interpreted to protect public education rights.
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 education, requiring states that establish a public school system to provide equal access to schooling for all children living in that state. This includes the children of undocumented immigrants, who must be provided with free public schooling on an equal basis with other children in the state. The Supreme Court has interpreted this clause to mean that denying a free public education to certain groups of children will result in significant social costs related to unemployment, welfare, and crime.
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 also been applied to public education, protecting a parent's right to direct the educational upbringing of their child. For example, the Supreme Court has ruled that a state statute requiring all students to attend public schools violated the substantive due process rights of parents to choose their child's educational path. The procedural due process protections of the Fourteenth Amendment have also been important in student rights in public education, guaranteeing students due process protections before they can be deprived of their legitimate entitlement to a public education as a property right.
While there is currently no federally protected constitutional right to education, the Fourteenth Amendment has played a significant role in shaping public education rights and ensuring equal access and protection for students and parents.
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Federal government control and influence
The U.S. Constitution does not expressly mention education, and the Supreme Court has not interpreted it to require the federal government to provide or fund educational services. Instead, the Tenth Amendment reserves the establishment of education for the states. States and local governments are thus largely responsible for the means, mode, and regulation of education, with individual municipalities being the legal entities responsible for running schools and providing the majority of funding through local tax dollars.
However, the federal government still exerts control and influence over public schools in several ways. Firstly, the Department of Education can influence education through cutbacks rather than new initiatives, as seen in Trump's budget proposal to cut the Education Department's budget by 13.5% in 2018. This included a $2.3 billion reduction in Supporting Effective Instruction State Grants, which fund teacher training and development. The federal government also influences education through a complex system of funding mechanisms and policy directives. For example, the Healthy Hunger-Free Kids Act, which sets school lunch nutritional guidelines, is funded through the Department of Agriculture. Additionally, public school employees, such as occupational and physical therapists, bill their services through Medicaid, which also provides dental, vision, hearing, and mental health services.
Furthermore, the Fourteenth Amendment has had a significant impact on protecting public education rights. The Equal Protection and Due Process Clauses of the Fourteenth 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. The Supreme Court has applied these clauses to educational issues, such as in Brown v. Board of Education, where it ruled that separate educational facilities for black and white students were inherently unequal, dismantling racial segregation in schools. The Individuals with Disabilities Education Act (IDEA), which stems from the Fourteenth Amendment, requires public schools to provide all students with disabilities with a Free and Appropriate Public Education (FAPE) and prohibits them from expelling or suspending students with disabilities for longer than 10 days due to their disability.
While there is no federal right to education, bills such as the No Child Left Behind Act and the Every Student Succeeds Act have set educational standards and made federal funding available for K–12 schooling. However, critics argue that federal regulation of public schooling could decrease diversity and autonomy in education, making it challenging for schools to account for regional differences in curricula.
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State and local government control
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. Instead, the Tenth Amendment reserves the establishment of education for the states. This means that the means, mode, and regulation of education are largely left up to state and local governments, with individual municipalities being the legal entities responsible for running schools and providing the majority of funding through local tax dollars.
State and local governments have significant control over public education, with the power to provide and regulate schooling within their jurisdictions. This includes decisions about curriculum, funding levels, and educational standards. For example, in the case of San Antonio Independent School District v. Rodriguez in 1973, a Texas court found that it was discriminatory for schools in a low-income, predominantly Hispanic district to receive significantly less funding per pupil than those in a wealthier district. The court called education a fundamental right, citing the Equal Protection Clause of the Fourteenth Amendment.
The Fourteenth Amendment has had a significant impact on protecting 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. The Equal Protection Clause has been applied to educational issues, such as in the landmark case Brown v. Board of Education, which laid the foundation for dismantling racial segregation in schools. The Supreme Court ruled that separate educational facilities for black and white students were inherently unequal, and all public schools in all states that had segregated students were required to desegregate or face claims that they violated the Fourteenth Amendment.
In addition to the Fourteenth Amendment, the Individuals with Disabilities Education Act (IDEA), which applies to all public schools, requires schools to provide all students with disabilities with a Free and Appropriate Public Education (FAPE). It also prohibits schools from expelling or suspending students with disabilities for longer than 10 days when their disability was the cause of their actions.
While the federal government does not directly oversee public schools, it can exert influence through funding mechanisms, policy directives, and the power of the presidential bully pulpit. However, there are concerns that increased federal involvement in education could lead to decreased diversity and autonomy in education, as decisions made at the federal level may not account for regional differences and the specific needs and values of local communities.
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Funding mechanisms
The US Constitution guides the division of educational responsibilities between federal and state governments. The 10th Amendment reserves powers not given to the federal government for the states, making education primarily a state responsibility. States establish public schools, determine curricula, regulate teaching methods, set educational funding mechanisms, and establish teacher qualification standards.
State constitutions assign responsibility for "adequate" and "equitable" public education to the state government. States provide the majority of funding for public schools, with local districts being responsible for raising the bulk of the funds. Local government allocates education funding from revenue generated by property tax and other fundraising efforts. Districts with lower property values struggle to raise adequate revenue.
The federal government contributes about 8% to funding US public schools. Federal funding for schools, together with the additional recovery funds targeted towards education through the 2009 American Recovery and Reinvestment Act (ARRA), provided a critical counterbalance to funding reductions during the Great Recession. Federal agencies such as the Department of Education and the National Science Foundation recommend teaching strategies to the states and contribute to education research.
There are three primary types of public education funding formulas: foundation programs, resource allocation systems, and a hybrid of the two. Foundation programs use pupil counts with weighted adjustments for student needs to arrive at a per-pupil cost for public education. States then determine how to split this cost with towns using different town wealth measures (e.g. property value, personal income, or a mix of the two). Resource allocation systems cost out various service components in the average school district (e.g. teachers, administrators, services). The total cost of these services equals the amount of resources each district should receive. States then determine how to split the cost of the resources with towns.
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Desegregation and integration
In 1954, the U.S. Supreme Court issued a unanimous ruling in Brown v. Board of Education of Topeka, Kansas, declaring that racial segregation in public schools violated the Equal Protection Clause of the 14th Amendment. This marked a legal turning point for the Civil Rights Movement and sparked efforts to integrate schools across the country. However, the Supreme Court did not provide a plan for desegregation, and attempts at integration were met with violent protests and resistance, particularly in the South.
The National Association for the Advancement of Colored People (NAACP) played a significant role in the desegregation process by bringing local lawsuits to court and attempting to enrol Black students in previously all-white schools. Despite these efforts, school segregation remains an issue today, and cases such as Latino Action Network v. State of New Jersey and Cruz-Guzman v. State of Minnesota aim to address racial imbalances in public schools through state constitutional challenges.
The process of desegregation and integration in public schools has been a long and challenging journey, and while progress has been made, the vision of complete equality in education is yet to be fully realized.
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Frequently asked questions
No, the US Constitution does not expressly mention education and does not guarantee a right to public education.
The US Constitution does not explicitly mention education. However, the 14th Amendment has been used to protect public education rights through its Equal Protection and Due Process Clauses.
The Equal Protection Clause of the 14th Amendment has been applied to educational issues, providing the basis for the 1954 Brown v. Board of Education decision that laid the foundation for dismantling racial segregation in schools.
The federal government influences public education through funding mechanisms, policy directives, and presidential influence. However, individual municipalities are typically responsible for running schools and providing the majority of funding through local tax dollars.
While there is no federal right to education enshrined in the Constitution, it is possible to add this right through the ratification of a new amendment. Court cases, such as San Antonio Independent School District v. Rodriguez in 1973, have also played a role in advocating for a federal right to education.
