Discussion about this post

User's avatar
Timothy Patrick's avatar

Thank you Andrea! Great piece connecting statistics to our lived experiences and causes (with some hilarious but effective explainers of how cause and effect is measured!).

I grew up in a lower income neighborhood of a higher income suburb. My home was walking distance to a nicer elementary school but not walking distance to the not-as-nice elementary school that was in our district, so we were driven to the not-as-nice school from kindergarten to 3rd grade. Both schools were great in their own ways but when I transferred to the nicer one in fourth grade the difference was stark.

In the former we had kids trying to set fire to the school. At recess one day I fell from high up when one of the swinging bars broke and I fell onto my back, hitting my head and almost getting seriously injured. There was a creepy music teacher who found excuses to separate the boys and girls and would give the girls lots of attention while sending us boys to go run laps around the track for no reason. One teacher was suspended but not fired for wrapping duct tape around a student’s mouth and body. There are probably a lot of other wild things that happened that I was too young to process.

Anyway, when my mom started working at the nicer school as a teacher, somehow that meant my siblings and I could go to the nicer school even though my neighbors couldn’t. Night and day. I went from having 40 classmates to 20. All of my teachers got to know me individually, made learning fun, we had all new equipment, and the school building itself was new, not crumbling. All of this because my neighborhood’s zip code ended with a 4 instead of a 2.

Thinking back to yesterday’s essay about homeschooling that is witnessing an exodus from public schools, this piece feels like it has the missing part of that equation: taxes and funding. It seemed like that piece was making the case that every public school was becoming a learning-free zone where kids take tests all day and hate where they go to school. Maybe that’s the case now, I’m not sure. But in the 90s and 00s when I was in grade school we had plenty of standardized testing, and yet I feel like I got a pretty good glimpse at what had more of an impact: that the love for learning came from access to resources. Is this the best system we can come up with? It feels antithetical to the idea of public education to then have the quality depend on the affluence of surrounding residences.

My ears perked up when Andrea mentioned a Supreme Court case in the 70s is why courts have determined that kids don’t have a constitutional right to education. The case was San Antonio Independent School District v. Rodriguez (1973), where Mexican-American parents from the Edgewood district in San Antonio challenged Texas’s school funding system. Their district, despite having one of the highest tax rates in the county, received only $37 per pupil while the wealthier Alamo Heights neighborhood got $413 per student. A three-judge federal district court actually ruled in their favor and declared education a fundamental right under the Equal Protection Clause of the 14th Amendment. But then the Supreme Court reversed it 5-4, with Justice Powell writing that education was neither “explicitly nor implicitly” found in the Constitution, and therefore not protected by it. Justice Marshall’s dissent argued that education must be considered fundamental because of its “close relationship between education and some of our most basic constitutional values,” specifically pointing to its necessity for exercising First Amendment rights and the right to vote.

My current obsession is my newsletter thinking about which constitutional amendments we most desperately need, being that we used to amend the constitution at least once a decade on average, and yet we haven’t really done so since 1971. Although an amendment was ratified in 1992, it did not introduce a new right or structural reform, leaving the United States in a de facto half-century dry spell when it comes to substantive constitutional change.

Is a right to education one that should be there?

Here’s my question to fellow readers: if an amendment to protect education should be added, what exactly should it protect? Based on the Rodriguez case and what’s happened since, an amendment could potentially guarantee every child access to a quality public education regardless of where they live, require equitable distribution of educational funding that isn’t tied to local property wealth, and establish minimum standards that states must meet. The Rodriguez dissent suggested education is essential for meaningful participation in democracy. Perhaps an amendment should explicitly connect the right to education to the exercise of other constitutional rights like voting and free speech. There is already state-level precedent for this working. In New Jersey, a series of rulings beginning with Abbott v. Burke forced the state to dramatically increase funding for its poorest districts, resulting in measurable gains in student outcomes. Similar rulings in states like Kansas and Washington have compelled legislatures to revise funding formulas when courts found them incompatible with constitutional education guarantees.

Would love to hear what others think the language of such an amendment should include.

rich kennedy's avatar

I would love to see an article about improving the public school system in the United States. There has to be a way to ignite a new round of good teachers obviously money would help, but it’s not everything. Personally think it’s really important to get off on a good start at a very young age.

4 more comments...

No posts

Ready for more?