Historical Perspective of Public Schools Chapter 2 Public

Historical Perspective of Public Schools Chapter 2 “Public education is a duty that society owes to all its citizens. ” --Condorcet

Why Were the Public Schools Created? • Importance of “system. ” • Old Deluder Satan Act 1647. • Thomas Jefferson. • Outgrowth of Era of Enlightenment. • Horace Mann “all the people of a state should be educated by the state. ”

State and Local Autonomy • Federal government is always changing • Dynamic growth with uncertain boundaries • 50 states, 15, 000 districts • “No single tradition in public education is more deeply rooted than local control over the operation of schools; local autonomy has long been thought essential both to the maintenance of community concern and support for public schools and to the quality of the educational process. ” • Milliken v. Bradley 418 US 717 (S. Ct. )

America’s 1 st School Laws • Attempt to overcome classoriented English education system. • Only the rich were educated. • Early colonies ignored education for the most part…a few exceptions.

Massachusetts 1647 Statute • Legislature required certain towns to appoint a teacher. • Permitted taxes for education. • Some government recognition of benefits of educating all of society.

Pauper Schools • If indigent parents declared themselves paupers their children could be sent to specified private or pay schools for a free education. • Rate bill…parent paid an amount for each child to supplement school revenues.

18 th Century Enlightenment ØNew Political Philosophy ØEducation essential to welfare of the state

Old Deluder Satan Act • 1647. • Read the scriptures to avoid falling into the hands of the old deluder, Satan.

System of Education 1. Uniformity of access. 2. Method to pursue specific curriculum. 3. Institutional organization where one could progress from primary to secondary to college or university.

Education as a Right • Basis for system of education as we know. • Movement led by Horace Mann. • Free, public, common, universal education. • MANN SAW EDUCATION AS AN ABSOLUTE RIGHT.

Education Provisions of State Constitutions • Some states very general… “system be established and maintained. ” • Some very specific… “free, ” “thorough and efficient, ” “uniform, ” “suitable, ” “adequate. ” • Those words, interpreted by the court.

State Constitutions can be Divided into 3 Types: • Adjective or gloss group…efficient, thorough, uniform • System group…mandated but type not prescribed, Must be Free, Public, Common • Cherish group…New England category, “virtue”

Four “Virtue” and/or “Cherish” States: • New Hampshire • Massachusetts • Rhode Island • Virginia

Virginia • Found in all three types (Adjective, System, Cherish). • Unique wording in Bill of Rights, Section 15 of Virginia Bill of Rights, 1971. • Taken from Jefferson’s Bill for the More General Diffusion of Knowledge, 1779.

Mc. Duffy v. Secretary of the Executive Office of Education • S. Ct. Massachusetts 1993. • 16 students charged Commonwealth “failed to fulfill its duty to provide them an education, as mandated by the Constitution. ” • Court questioned “does a duty exist? ”

Mc. Duffy continued… Court determined: • Commonwealth has a duty to provide an education to ALL children, rich and poor, in every city and town…. ”

Underlying Principles • Legislature required to bear responsibility for enactment of laws to govern public or common schools. • Organizational pattern within the prerogative of the legislature • Of the state body politic…controlled and governed by the people • Free to all…no charges to limit access • Taxes allocated to ensure quality education for every child in the state

State courts have seldom intervened to limit legislative prerogative in interpreting the intent of “education provisions” of state constitutions.

Rose v. Council • Legislative failed to establish system of common school as required by state Constitution.

Rose continued… • General Assembly mandated by Constitution to create and maintain system of common schools. • School must be efficient and free. • Substantially uniform.

Bush v. Holmes • Legislature violated state constitution by enacting vouchers for private schools. • Constitution requires uniform school. • Private school not uniform as mandated by Article IX, State Constitution.

Educational Fundamental Right • Education not mentioned in Federal Constitution. • Education not Federal Fundamental Right (San Antonio v. Rodriguez.

Educational Fundamental Right continued… • Education may be Fundamental Right under state constitution. • Fundament Right is interpretation of state constitution by courts.

Fundament Right continued… • If court determines that a state function (Education ) is a fundamental right, this elevates to a unique governmental status.

What is a Fundamental Right? • A fundamental right is inherent in the individual and constitutes a protected claim that NEED NOT BE EARNED…it is IMMANENT in the human being as an ENTITLEMENT.

Are Fundamental Rights Absolute? • NO • However…. to override them requires special circumstances. • The government must show that society at large is in some way enhanced by the DENIAL of an individual’s right.

Fundamentality of Education Derived From: • An education clause in the body or frame of the constitution, requiring education be provided. • An equal protection clause or its equivalent in a state bill of rights.

Fundament Right • Concepts 1. If fundamental right then analyzed under strict judicial scrutiny, state must have compelling reason to act. 2. If not fundamental right then court requires state only to have a good rational or reason.

Claremont v. Governor • New Hampshire Supreme Court – Education Fundamental Right. • Fundamental Right Requires Adequate Financing.

Claremont continued… Whether Fundamental Right “… lies in assessing whethere is a right to education explicitly or implicitly guaranteed by Constitution. ”

Commonwealth v. Hartman • Legislature not prohibited from creating system or common school by expanding Pauper School Provision in State Constitution.

Federal/State Constitution • Difference between Federal constitution and state constitution (Commonwealth v. Hartman). • Rule of interpretation for state constitution totally different from United States constitution. • Congress may only do what is authorized by clear expression or is implied. • State legislature may do anything not prohibited by state or Federal Constitution.

Charter Schools • Became popular during the 1990’s (First Charter School 1992). • At it’s most favorable seeks to increase choice of educational programs without promoting private self-interests. • “… a pubic school established under a contract between public authorities and private organization or a group or private individuals. ”

Charter Schools continued… • Defined by Dartmouth College Case in 1819 (U. S. Const. Article I Section 10). • Government cannot impair obligation of contract. • Protected by the Due Process Clause of the 14 th Amendment as interpreted in Pierce v. Society of Sisters in 1925.

Charter Schools continued… • Free of tuition and fees. • In compliance with federal civil rights legislation. • Comply with federal and state financial audit requirements. • Operated in accordance with state law.

Clinton’s Legislation Defines Schools w/the Following Features: • Federal Charter School Legislation (1994). • Exempted from state and local regs. that inhibit flexible management. • Operated under general public supervision. • Specific educational objectives. • Nonsectarian, not affiliated with a sectarian school or religious institution.

Presidential Definition: • Bush. “Any school that serves the public and is held accountable by public authority provides public education. ” • Clinton. A form of quasi public nonsectarian school that requires diversity of racial, economic, and social mix of students.

President Obama • Charter schools key to education reform. • “Race to the Top. ”

Charter Schools • STATE laws vary greatly regarding charter schools. • Ten (10) states have NO charter school laws. • AL, KY, ME, MT, ND, NE, SD, VT, WA, and WV.

Wilson v. State Board of Education • Charter Schools Act of California creating legal basis for charter school as an aspect of the public school system with requirements of the California constitution.

Tuition and Fees in Public Schools • Generally tuition fees, “matriculation” or “registration” fees and fees for materials, activities, or privileges cannot be levied in public schools. • Some state courts have ruled fees violate state constitution for “Free Schools. ” • Fees usually invalid for required activity. • Fee interpretation varies from state to state, state court interpretation.

Randolph County v. Adams • Fee for textbook and materials violates free school provision of state constitution. • Section 1 or Article XII of the West Virginia constitution “ Legislature shall provide systems of free schools. ”

Hartwell v. Connell • California state constitution prohibits fees for regular or extracurricular programs. • Court stated “Extracurricular activities, integral component to free public education. ”