Federal Involvement In Education (Chapter 2) Federal constitution: makes no mention of education; 10th Amendment (plenary power Cons: education is state responsibility; federal aid wasteful and inefficient; states capable of providing equal opportunity. Pros: equalize opportunity, educationally and financially; promote programs throughout states (e.g. disadvantaged);

Federal Involvement In Education Power to tax for education is a state right, not local: Kalamazoo (MI, 1874) Important Constitutional clauses and cases: Equal Rights: 14th Amendment "Equal Protection" clause; Brown V. Board of Education (US 1954); Civil Rights Act (1964): Title VI (Discrimination Clause on race, religion and national origin).

Important Constitutional clauses and cases (continued) Student Rights: "Equal Protection Clause of 14th Amendment"; procedural due process in Goss V. Lopez (notice of charges and hearing). "Establishment (of religion) Clause" of 1st Amendment: Everson. Allen (secular legislative purpose, primary effect test); Lemon (excessive entanglement, known as the Lemon Test).

Federal Aid Legislation Ordinance of 1785: 16th section in each township devoted to education Morrill Act of 1862: Land-grant colleges and universities established public universities in all states. Smith Lever Act of 1914: extension services, including teacher education in agriculture and homemaking Smith Hughes Act of 1917: matching funds for high school vocational education

Federal Aid Legislation (continued) Federal Impact Aid--began with the Lanham Act of 1941: provided money for construction and fees for non-taxed federal employees; school districts with military bases receive reimbursement for lack of property tax. G I Bill of 1944 (Servicemen's Readjustment Act): tuition for returning war veterans; doubled college enrollment National School Lunch Act of 1946: school lunches; later added milk; in 1954

Federal Aid Legislation (continued) National Defense Education Act (NDEA) of 1958: sparked by Russian sputnik being first satellite in space. Loans and fellowships to college and university student Aid to the states for strengthening instruction in mathematics, science, and foreign languages as well as counseling services and area vocational programs Aid to researchers to improve teaching

Federal Aid Legislation (continued) Vocational Education Act of 1963: broadened the Smith Hughes Act; provided occupational training, including facilities; Carl Perkins Ed. Act 1985 expanded underserved populations and assisted with new technologies

Federal Aid Legislation (continued) Elementary and Secondary Education Act of 1965 (ESEA):There were five titles that provided funding for: Title I: Underprivileged children Title II: Libraries, textbook and media equipment Title III: Supplementary Education Centers for innovative program development for “at risk” and dissemination of results Title IV: Educational research at post secondary Title V: State Department of Education strengthened to provide leadership in curriculum, assessment, equitable finance structures.

Federal Aid Legislation (continued) Education Amendments (from 1968 to 1978) to ESEA: additional titles Title VII: Bilingual Education (subsequently Educational Opportunities Act of 1974 ordered districts to use bilingual education) Title IX: prohibit sex discrimination in public schools, with great impact on sports and PE. Title XI: Indian Education

Federal Aid Legislation (continued) Buckley Amendment (1974 to FERPA, Family Educational Rights and Privacy Act); protects student privacy of information by 3rd parties. Lesser Impact Alcohol and Drug Abuse Act of 1970 disseminate information, community education, teachers training. Drug-Free School and Communities Act of 1986

Federal Aid Legislation (continued) Acts listed below combine to provide a free appropriate public education for all handicapped children (including disabled, ADD, ADHD, AIDS) ages 3-21 and provide financial assistance to the states for such purposes. Section 504 of Rehabilitation Act (1973) - must provide an appropriate education to anyone who has a physical or mental impairment that substantially limits one or more major life activities. Education for All Handicapped Children Act of 1974 (EHA): known as P.L. 94-142; required IEP and student to be mainstreamed where possible. ADA (1990, Americans with Disabilities Act). Less direct impact on students, more on personnel. Must provide reasonable accommodation and access. IDEA (1995, 1997, 2001, 2004 Individuals with Disabilities Education Act); expanded EHA to include maximum extent possible for least restrictive environment.

Currently No Child Left Behind (2001): this is a reauthorization with changes to the ESEA Act of1965. Bush v. Holmes (Fl Supreme Court): invalidated vouchers (Opportunity Scholarships) for private/religious schools. Motivated Jeb Bush administration to establish tuition tax credits for corporations that donate money for tuition that can be used in private/religious schools.