EDUCATION AND EDUCATION AND GOVERNMENTGOVERNMENT

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THE CONSTITUTION OF THE UNITED THE CONSTITUTION OF THE UNITED STATES DOES NOT MENTION STATES DOES NOT MENTION “EDUCATION”. “EDUCATION”.

BASED UPON THE WRITING OF THE BASED UPON THE WRITING OF THE FRAMERS OF THE CONSTITUTION,MANY FRAMERS OF THE CONSTITUTION,MANY LAW SCHOLARS THINK THIS WAS LAW SCHOLARS THINK THIS WAS INTENTIONAL AND PLANNED!!!INTENTIONAL AND PLANNED!!!

THE FRAMERS MAY HAVE FEARED THAT THE FRAMERS MAY HAVE FEARED THAT PUTTING IN EDUACTIONAL CONTROLS PUTTING IN EDUACTIONAL CONTROLS WOULD MAKE IT MORE DIFFICULT TO WOULD MAKE IT MORE DIFFICULT TO GAIN RATIFICATION OF THE GAIN RATIFICATION OF THE CONSTITUTION.CONSTITUTION.

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An interesting discussion of the An interesting discussion of the workings of the constitutional workings of the constitutional convention of 1787 can be found at the convention of 1787 can be found at the following website:following website:

NARA | The National Archives NARA | The National Archives ExperienceExperience

Another good discussion of the Another good discussion of the Constitution and its development can Constitution and its development can be found at:be found at:

http://teachingamericanhistory.org/http://teachingamericanhistory.org/convention/convention/

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AMENDMENT X IS OFTEN AMENDMENT X IS OFTEN REFERED TO AS THE “RESERVE REFERED TO AS THE “RESERVE

CLAUSE”CLAUSE”Amendment X - Powers of the Amendment X - Powers of the

States and People. Ratified States and People. Ratified 12/15/1791.12/15/1791. NoteNote

The powers not delegated to the The powers not delegated to the United States by the Constitution, United States by the Constitution, nor prohibited by it to the States, are nor prohibited by it to the States, are reserved to the States respectively, reserved to the States respectively, or to the peopleor to the people

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Based upon the 10th Based upon the 10th Amendment, the states have Amendment, the states have

plenary power over education. plenary power over education.

Every state has some form of public Every state has some form of public education!!!!education!!!!

The organization of public education The organization of public education is as varied as the states are varied.is as varied as the states are varied.

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Louisiana Is Unusual In That, With Five Louisiana Is Unusual In That, With Five Exceptions, All Of Our School Systems Are Exceptions, All Of Our School Systems Are Defined By The Civil Parish Boundaries. Defined By The Civil Parish Boundaries.

Along With The 64 Parish School Systems, Along With The 64 Parish School Systems, the cities of Baker, Bogalusa, Central, the cities of Baker, Bogalusa, Central, Monroe, and Zachary Have City Schools Monroe, and Zachary Have City Schools Systems (Central has only recently Systems (Central has only recently become an incorporated city) –Also there become an incorporated city) –Also there is the Recovery School Districtis the Recovery School District

By Contrast, Mississippi Has 157 School By Contrast, Mississippi Has 157 School Districts including 71 county districts. Districts including 71 county districts. Alabama Has 67 Country School Systems Alabama Has 67 Country School Systems And 104 City Systems.And 104 City Systems.

Arkansas has 310 school districts. The Arkansas has 310 school districts. The student enrollment is approximately student enrollment is approximately 445,000. 445,000.

Hawaii has Hawaii has oneone school district school district 6620142014

Charter Schools and the Recovery Charter Schools and the Recovery Schools Districts Add a Level of Schools Districts Add a Level of

Complexity to Louisiana’s Complexity to Louisiana’s OrganizationOrganization

http://www.louisianaschools.net/lde/http://www.louisianaschools.net/lde/uploads/3390.pdfuploads/3390.pdf

OVERSIGHT OF EDUCATION IN THE OVERSIGHT OF EDUCATION IN THE STATES VARIES GREATLYSTATES VARIES GREATLY

LET’S COMPARE LOUISIANA, TEXAS, LET’S COMPARE LOUISIANA, TEXAS, ARKANSAS, ALABAMA AND ARKANSAS, ALABAMA AND

MISSISSIPPIMISSISSIPPI7720142014

The state board of education:The state board of education:In Alabama, the governor and nine In Alabama, the governor and nine

members elected from districts make of members elected from districts make of the board.the board.

In Arkansas the governor appoints the In Arkansas the governor appoints the board, one at large member and two from board, one at large member and two from each of the state 4 congressional districts.each of the state 4 congressional districts.

In Mississippi, four members are elected In Mississippi, four members are elected from districts, four at large and one from districts, four at large and one elected by the state’s teachers.elected by the state’s teachers.

In Louisiana eight members are elected In Louisiana eight members are elected from districts and three are appointed by from districts and three are appointed by the governor.the governor.

In Texas fifteen members are elected from In Texas fifteen members are elected from districts.districts. 8820142014

The superintendent of education is The superintendent of education is selected as follows:selected as follows:Texas and Arkansas, appointed by the Texas and Arkansas, appointed by the

governorgovernorLouisiana*, Mississippi and Alabama, Louisiana*, Mississippi and Alabama,

selected by an elected boardselected by an elected boardIt would seem that in Arkansas, the governor It would seem that in Arkansas, the governor

would have great influence as he appoints would have great influence as he appoints the board and the superintendent!!!!the board and the superintendent!!!!

In Louisiana the governor appoints the In Louisiana the governor appoints the superintendent and three board members.superintendent and three board members.

In Mississippi the governor would seem to In Mississippi the governor would seem to have little influence as he does no have little influence as he does no appointing.appointing.

*SBESE appoints, but not without *SBESE appoints, but not without gubernatorial consent!gubernatorial consent!

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HOW DOES THE FEDERAL HOW DOES THE FEDERAL GOVERNMENT GET INVOLVED IN GOVERNMENT GET INVOLVED IN

EDUCATION? EDUCATION?

The Federal interest and financial support The Federal interest and financial support is justified by the “general welfare” clause is justified by the “general welfare” clause

of Article 1, Section 8 of the U. S. of Article 1, Section 8 of the U. S. ConstitutionConstitution

http://www.law.cornell.edu/constitution/http://www.law.cornell.edu/constitution/articlei#section8articlei#section8

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Section 8 - Powers of CongressSection 8 - Powers of CongressThe Congress shall have Power The Congress shall have Power

To lay and collect Taxes, Duties, To lay and collect Taxes, Duties, Imposts and Excises, to pay the Imposts and Excises, to pay the Debts and Debts and provide for theprovide for the common Defence and common Defence and general general WelfareWelfare of the United States; … of the United States; … (Emphasis added)(Emphasis added)

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Judicial ReviewJudicial ReviewIt is not clear whether the authors of the It is not clear whether the authors of the

Constitution intended for the U. S. Constitution intended for the U. S. Supreme Court to exercise Judicial Supreme Court to exercise Judicial Review, that is the process of the Court Review, that is the process of the Court interpreting whether legislation is within interpreting whether legislation is within the scope of the Constitution.the scope of the Constitution.

In 1803, in the landmark case of In 1803, in the landmark case of Marbury v MadisonMarbury v Madison the Supreme court the Supreme court first exercised the concept of Judicial first exercised the concept of Judicial Review and it has become an accepted Review and it has become an accepted aspect of American Jurisprudence.aspect of American Jurisprudence.

OYEZOYEZ

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The Federal interest and financial The Federal interest and financial support from Congress is justified by support from Congress is justified by the “general welfare” clause of the “general welfare” clause of Article 1, Section 8 of the U. S. Article 1, Section 8 of the U. S. ConstitutionConstitution

Federal Courts are involved based Federal Courts are involved based upon the concept of Judicial Review upon the concept of Judicial Review the courts’ interpretation of the the courts’ interpretation of the ConstitutionConstitution

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Federal Court Involvement is often based Federal Court Involvement is often based on Amendment XIVon Amendment XIV

Central to the amendment are three Central to the amendment are three concepts and phrases:concepts and phrases:We are U. S. citizens and thereby we are We are U. S. citizens and thereby we are

citizens of our statecitizens of our state““No state shall make or enforce any law No state shall make or enforce any law

which shall abridge the which shall abridge the privileges or privileges or immunities of citizens of the United Statesimmunities of citizens of the United States;;

nor shall any state deprive any person of nor shall any state deprive any person of life, liberty, or property, without life, liberty, or property, without due process due process of law; nor deny to any person within its of law; nor deny to any person within its jurisdiction the jurisdiction the equal protection equal protection of the law.of the law.

http://www.law.cornell.edu/constitution/http://www.law.cornell.edu/constitution/amendmentxivamendmentxiv

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The U. S. Circuit Courts of Appeal are The U. S. Circuit Courts of Appeal are below the Supreme Courtbelow the Supreme Court

Louisiana is in the Fifth Circuit Court Louisiana is in the Fifth Circuit Court of Appeals – in 1981 Congress of Appeals – in 1981 Congress created the Eleventh Circuit Court Of created the Eleventh Circuit Court Of Appeals to make the Fifth Circuit Appeals to make the Fifth Circuit smallersmaller

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SLU WebsiteSLU Website LibraryLibrary

Articles and DatabasesArticles and Databases Databases by title: choose Databases by title: choose L-ML-M LEXISNEXIS AcademicLEXISNEXIS Academic

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