The Impact of Constitutional Law on Education The primary purposes of a constitution include creating a government, defining its power, and protecting its people. Constitutional law is the interpretation and implementation of both the federal and state constitutions; in addition, it is the foundation of the nation’s current educational system, creating a legal chain of power and responsibility to educate the nation’s youth. Following the delegation of education by the U.S. Constitution to the state governments, the Texas Constitution of 1876 named the state’s legislature responsible for its education system. Through statutory law, the Texas Legislature established the schooling system and defined the roles of its agencies and boards. The
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Constitution, the current Texas Constitution contains a Bill of Rights to protect the civil liberties of the people, divides the powers of the government among the same three branches, and is subject to judicial review by the state’s court system (Tex. Const., art. I, II, & V). In its seventh article, the Texas Constitution of 1876 deemed the state legally obligated to offer a system of public schooling. The document named the Texas Legislature responsible for establishing and supporting a free public education system that is both efficient and effective and providing by law for a State Board of Education. The article also clarifies that the provision of education is necessary for the preservation of individual rights. In addition, the Texas Constitution discusses topics including funding, taxes, and higher education (Tex. Const., art. …show more content…
Constitution guarantee equal rights (Tex. Const., art. I & U.S. Const., amend. XIV). Therefore, both federal and state constitutional law support protecting all children from discrimination within the public school system and providing all children with equal educational opportunities. Although not intentionally discriminatory, the educational system reflects the “knowledge, values, interests, and cultural orientations of White middle-class cultural groups” (Skiba et al., 2008, p. 277), and minorities continue to experience discrimination in various areas of education. In the 1970s, the identification and evaluation of students with disabilities was “haphazard, inconsistent, and generally inappropriate” (Rothstein & Johnson, 2010, p. 10). Even though school segregation was unconstitutional, campuses still made efforts to isolate minority students within the school. Standardized measures of intelligence were used to place minorities in self-contained special programs, limiting their educational opportunities. The violation of their civil liberties prompted federal statutory law to hold school districts responsible for making appropriate changes in their special education processes; however, the issue persists. In order to provide appropriate education for a student, an evaluation must include multiple sources and be individualized, assessment tools must be valid and reliable, and administration
Constitution, the current Texas Constitution contains a Bill of Rights to protect the civil liberties of the people, divides the powers of the government among the same three branches, and is subject to judicial review by the state’s court system (Tex. Const., art. I, II, & V). In its seventh article, the Texas Constitution of 1876 deemed the state legally obligated to offer a system of public schooling. The document named the Texas Legislature responsible for establishing and supporting a free public education system that is both efficient and effective and providing by law for a State Board of Education. The article also clarifies that the provision of education is necessary for the preservation of individual rights. In addition, the Texas Constitution discusses topics including funding, taxes, and higher education (Tex. Const., art. …show more content…
Constitution guarantee equal rights (Tex. Const., art. I & U.S. Const., amend. XIV). Therefore, both federal and state constitutional law support protecting all children from discrimination within the public school system and providing all children with equal educational opportunities. Although not intentionally discriminatory, the educational system reflects the “knowledge, values, interests, and cultural orientations of White middle-class cultural groups” (Skiba et al., 2008, p. 277), and minorities continue to experience discrimination in various areas of education. In the 1970s, the identification and evaluation of students with disabilities was “haphazard, inconsistent, and generally inappropriate” (Rothstein & Johnson, 2010, p. 10). Even though school segregation was unconstitutional, campuses still made efforts to isolate minority students within the school. Standardized measures of intelligence were used to place minorities in self-contained special programs, limiting their educational opportunities. The violation of their civil liberties prompted federal statutory law to hold school districts responsible for making appropriate changes in their special education processes; however, the issue persists. In order to provide appropriate education for a student, an evaluation must include multiple sources and be individualized, assessment tools must be valid and reliable, and administration