Simone Lawson
The question of whether education is a constitutional right in the United States has been the subject of much debate and litigation. While the Fourteenth Amendment protects public education rights through its Equal Protection and Due Process Clauses, the U.S. Constitution and its amendments do not specifically mention education. As a result, the provision and regulation of schooling are left to the states under the Tenth Amendment. This has led to variations in educational standards and funding across the country, with decisions being made at the state and local level. The Supreme Court has also played a significant role in shaping public education rights, with cases such as San Antonio Independent School District v. Rodriguez and Brown v. Board of Education addressing issues of discrimination and equal protection. The COVID-19 pandemic and its financial aftermath may also influence future lawsuits and interpretations of the Fourteenth Amendment, potentially leading to increased federal intervention in public education.
| Characteristics | Values |
|---|---|
| Federal right to education | The U.S. Constitution does not mention education and there is no federal right to education. |
| State and local governments | The means, mode, and regulation of education are largely left to state and local governments. |
| Funding | Funding is dependent on the state and locality, with high-performing schools receiving more funding than low-income, low-performing schools. |
| Parental rights | Parents have the right to withdraw their children from public education and choose alternatives such as charter schools or homeschooling. |
| Student discipline | Students have a "legitimate entitlement to a public education as a property right", and schools must provide due process protections before disciplining students. |
| Teacher rights | Teachers have limited rights to deviate from an adopted curriculum and must follow statewide laws and regulations. |
| Equality | The Equal Protection Clause of the 14th Amendment prohibits states from denying equal protection of the laws, and has been interpreted by the Supreme Court to mean that "separate but equal" has no place in public education. |
| First Amendment rights | The First Amendment protects students' freedom of speech, as seen in Tinker v. Des Moines, where students protested the Vietnam War by wearing armbands. |
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What You'll Learn
- Parental rights: Parents can withdraw their children from public education and discuss different perspectives at home
- Student discipline: Students have a right to public education and cannot be deprived of it without due process
- Teacher rights: Teachers have very limited rights in deviating from an adopted curriculum
- School funding: Funding is dependent on location, with high-performing schools often receiving more
- Equality in education: The Equal Protection Clause of the 14th Amendment prohibits states from denying equal protection of the laws
Parental rights: Parents can withdraw their children from public education and discuss different perspectives at home
The U.S. Constitution and its amendments do not specifically mention education. Instead, the Tenth Amendment leaves it to the states to provide and regulate schooling. While there is a U.S. Department of Education, and federal funding is available for K–12 schooling, the means, mode, and regulation of education are largely left to state and local governments.
Despite this, the 14th 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. The Supreme Court has ruled that students have a “legitimate entitlement to a public education as a property right”. This means that public schools cannot deprive students of that right without due process protections.
In the context of parental rights, parents can withdraw their children from public education. However, they must follow the proper procedures to avoid legal trouble. This often involves notifying the state and local government, as all states have some form of compulsory education or truancy laws. Many states require that children attend some form of schooling from ages 6 to 18. While some states have an online form for withdrawal, many require a letter of withdrawal, sometimes called a "letter of intent to withdraw from public schooling". This letter must be sent to the school, and in some states, to the superintendent of the city, county, or exempted village school district.
When parents disagree over educational choices, cooperation and communication are essential. In cases of joint legal custody, both parents must agree on major decisions, including school withdrawal. This requires open communication and a consensus on the child's education. A non-custodial parent cannot unilaterally withdraw the child from school without the permission of the custodial parent, unless the court order specifically grants that right. By understanding their legal obligations and rights, parents can ensure the best possible outcome for their child's education and well-being.
After withdrawing their children from public education, parents can choose to homeschool their children or enrol them in private schools. This decision often stems from the desire to provide a more tailored educational experience that aligns with their child's unique needs and the family's values. Parents can select the right curriculum and tap into the support of a vibrant homeschooling community. They can also access online resources and interactive courses to engage and inspire their children.
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Student discipline: Students have a right to public education and cannot be deprived of it without due process
While the US Constitution and its amendments do not specifically mention education, the 14th Amendment protects public education rights through its Equal Protection and Due Process Clauses. The Due Process Clause of the 14th Amendment states that states may not "deprive any person of life, liberty, or property, without due process of law". This clause has been interpreted by the Supreme Court to have substantive and procedural protections.
In the context of student discipline, the Supreme Court has ruled that students have a "legitimate entitlement to a public education as a property right" (see Goss v. Lopez). As a result, public schools may not deprive students of that right without providing them with due process protections. These protections generally include notice of the alleged student violation and the opportunity for the student to be heard. The required amount of notice and opportunity to be heard increases as the severity of the discipline increases. For instance, minor disciplinary actions may be addressed through an informal discussion with the principal, while more severe discipline, such as expulsion, generally requires a more detailed hearing to provide the student with a chance to present evidence and to cross-examine witnesses.
The procedural due process protections of the 14th Amendment have played a significant role in student rights in public education. For example, in Goss v. Lopez, nine students brought a constitutional claim arguing that they had been suspended for 10 days without a hearing. The Court affirmed that due process protections apply in such cases, even if there is no constitutional right to an education at public expense. The Court stated that the nature of the hearing should include statements in support of the charge, allowing the student and others to make statements in defence or mitigation, and that the school need not permit attendance by counsel.
While there is no federal right to education, the Supreme Court has interpreted the Equal Protection Clause's requirements in the context of public education. In Brown v. Board of Education, the Court stated that "separate but equal" has no place in public education. Additionally, in Plyler v. Doe, the Court ruled that a Texas statute withholding funds for the education of undocumented children and authorising local school districts to deny their enrollment violated the Equal Protection Clause.
The potential implications and drawbacks of enshrining a federal right to education into the Constitution are also worth considering. While it could guarantee certain levels of funding and educational standards, there may be unintended consequences to regulating education at the federal level. States and cities have different industries and cultural concerns, and these differences can impact the type of education most needed or valued in a given region.
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Teacher rights: Teachers have very limited rights in deviating from an adopted curriculum
The US Constitution and its amendments do not specifically mention education, and as such, the states are responsible for providing and regulating schooling. While there is a US Department of Education, and federal funding is available for K–12 schooling, the means, mode, and regulation of education are largely left to state and local governments. This means that a child's school experience depends largely on where they live, and their access to quality education may be impacted by their location.
There have been attempts to enshrine a federal right to education into the Constitution, most notably in the 1973 case of San Antonio Independent School District v. Rodriquez, where parents from a low-income, predominantly Hispanic district argued that it was discriminatory for their schools to receive significantly less funding per pupil than a wealthier district. While a Texas panel of judges agreed with the parents, the case was overturned when appealed to the US Supreme Court, which asserted that Texas had not violated its constitution and that education is not a fundamental right.
The 14th Amendment, however, does provide some protections for the right to a public education. For example, the Supreme Court has ruled that students have a "legitimate entitlement to a public education as a property right" and that public schools may not deprive students of that right without due process protections. The Equal Protection Clause of the 14th Amendment has also been interpreted by the Supreme Court to mean that "in the field of public education the doctrine of 'separate but equal' has no place".
While the focus of this discussion is often on students' rights, teachers also have rights and protections that are relevant to the conversation around educational standards and curriculum. Teachers have limited rights when it comes to deviating from an adopted curriculum, as their instruction must comply with state and federal laws and regulations. For example, in Texas, there are laws that dictate how teachers can discuss certain topics, such as slavery and racism, and require that these topics be taught in a way that aligns with specific principles. Teachers who proceed with instruction on these topics without approval from their school administrator may be subject to discipline.
However, there are also laws that protect teachers' rights to deviate from a prescribed curriculum when it is in the best interest of their students. For instance, in Texas, HB 4310 protects teachers from penalty if they do not follow a recommended scope and sequence for a subject because they have determined that their students need more or less time to demonstrate proficiency. This law recognises that teachers should have the flexibility to adapt their instruction to meet the needs of their students, and that deviating from a set curriculum may be necessary to ensure that students fully grasp the material.
In conclusion, while the US Constitution does not explicitly mention a right to education, various amendments and court interpretations have established protections for students' access to public education. Teachers also have rights and protections that allow them some flexibility in how they deliver the curriculum, but these rights are limited and must be balanced with state and federal regulations. The ongoing debate around the level of detail that should be included in the Constitution regarding public education highlights the complexity of ensuring equitable access to quality education across a diverse country like the United States.
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School funding: Funding is dependent on location, with high-performing schools often receiving more
The United States Constitution and its amendments do not specifically mention education. As a result, the onus of providing and regulating schooling falls on the individual states under the Tenth Amendment. While the US Department of Education exists, and federal laws such as the No Child Left Behind Act and the Every Student Succeeds Act set educational standards and make federal funding available for K–12 schooling, the means, mode, and regulation of education are largely left to state and local governments.
This means that a child's school experience depends largely on where they live. Funding for public education comes from federal, state, and local sources. At the local level, funding is often regressive, with districts with mostly non-poor students having more money to spend than districts with many poor students. This is because local funding levels often reflect school district demographics. Districts with a large non-poor population will be able to raise more in property taxes as the families paying those taxes have greater property wealth. Conversely, in high-poverty districts, the opposite is true.
State funding is the primary mechanism for targeting districts that serve disadvantaged students. Thirty-five states have funding formulas that attempt to target low-income students. The federal government similarly attempts to channel funding towards students from low-income families. Federal funding, in particular through Title I of the Elementary and Secondary Education Act (ESEA), is specifically designed to compensate low-income schools and districts for their lack of sufficient revenues to meet their students' needs.
Despite these efforts, students from low-income families receive less state and local funding, on average, than their non-poor counterparts in nearly half of the states. This disparity in funding has an impact on student outcomes. Research shows that student performance improves with greater spending across a variety of outcomes such as test scores, graduation rates, and college attendance. Benefits tend to be greater for lower-income students and districts.
While some argue that a constitutional right to education could guarantee certain levels of funding and educational standards across the country, others caution that regulating education at the federal level could have unintended consequences. States and cities have different prominent industries and cultural concerns, and these differences can impact the type of education most needed or valued in a region.
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Equality in education: The Equal Protection Clause of the 14th Amendment prohibits states from denying equal protection of the laws
The US Constitution and its amendments do not specifically mention education, and the means, mode, and regulation of education are largely left to state and local governments. However, the Equal Protection Clause of the 14th Amendment, which came into effect in 1868, has been used to protect the right to public education and ensure equality in education.
The 14th Amendment, passed by Congress in 1866 and ratified in 1868, extended liberties and rights to formerly enslaved people. The Equal Protection Clause, part of the first section of the 14th Amendment, states that "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws." This clause mandates that individuals in similar situations be treated equally by the law. It was intended to validate the equality provisions of the Civil Rights Act of 1866, which guaranteed citizens the right to equal protection under the law.
The Supreme Court has interpreted and applied the Equal Protection Clause in various cases involving public education. In Brown v. Board of Education (1954), the Court stated that "separate but equal" has no place in public education, helping to dismantle racial segregation. The Court also ruled in Plyler v. Doe that a Texas statute withholding funds for the education of undocumented children violated the Equal Protection Clause. Additionally, in Goss v. Lopez, the Court recognised students' "legitimate entitlement to a public education as a property right," requiring schools to provide due process protections before depriving students of that right.
Despite these protections, there is ongoing debate about the level of federal involvement in education. While some argue that a federal right to education in the Constitution could guarantee funding and standards, others worry about decreased diversity and autonomy in education if all decisions are made at the federal level. The case of San Antonio Independent School District v. Rodriguez in 1973 highlighted these tensions, where a Texas court initially ruled that education is a fundamental right, but the US Supreme Court overturned this decision, asserting that education is not a fundamental right under the Constitution.
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Frequently asked questions
No, the US Constitution and its amendments do not specifically mention education.
The Tenth Amendment states that the responsibility for providing and regulating schooling falls to the states. Each state constitution contains language mandating the creation of a public education system, but the details vary.
Regulating education at the federal level could guarantee certain levels of funding and educational standards across the country. However, it may also decrease diversity and autonomy in education, as decisions would be made at a national rather than local level.
The 14th Amendment protects the right to a public education 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.
Notable court cases include San Antonio Independent School District v. Rodriguez, which addressed funding disparities between school districts, and Tinker v. Des Moines, which involved student speech rights and the First Amendment.
